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Breach of Contract

When terminations are wrongful: Unless you have a written employment contract, chances are your employer can fire you for cause, without cause, and even arbitrarily.   California law assumes that employees are “at-will,” that is, the employment is at the will of the employer, who can terminate the relationship at any time.  However, there are limitations on the employer's right to terminate even when employment is at will. 

The right to be fired only for cause: Some employees can acquire the right to only be terminated or demoted for good cause.

Under certain circumstances, the law may impose an implied covenant not to terminate but for cause. In determining whether such a covenant exists, the court looks at the total circumstances and considers:

The employer’s personnel policies and communications of continued employment.

The employee’s length of service.

Actions by the employer reflecting assurances of continued employment.

The general practices in your industry regarding continued employment.


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