| In most states in the U.S., terminating an | | | | - Seeking for pregnancy, family and/or medical |
| employee without any clear and formal basis is | | | | leave |
| illegal. Companies, organizations and even | | | | - Refusal to work in a hazardous workplace |
| government agencies that will be found guilty of | | | | - Refusal to sign an illegitimate non-compete |
| such actions may be held liable in a wrongful | | | | agreement |
| termination lawsuit filed by the discharged | | | | In addition, an "at will" employment scheme may |
| employee. This is to recover damages from the | | | | be nullified in the presence of a contract that |
| employer including loss of wages and "fringe" | | | | specifies the terms and conditions of employment. |
| benefits. | | | | These agreements include stipulations such as job |
| On the other hand, in an "at will" employment | | | | description, work hours, compensation and |
| system such as in California, proving a wrongful | | | | benefits, dispute resolution, tenure of |
| termination claim is definitely difficult and | | | | employment, etc. If duly signed by both the |
| complicated. "At will" employer-employee | | | | employer and the employee, this will prevent the |
| relationship scheme indicates that any employer | | | | employers from terminating the employee |
| may terminate an employee from his job position | | | | without any grounds stated in the contract. |
| even without any reason except those that are | | | | Legal Actions |
| specified under the law. This gives the freedom | | | | If in case an employer has terminated an |
| for most companies to decide whether to | | | | employee due to any of the above mentioned |
| lengthen the services of an employee or | | | | bases, the discharged worker may file the |
| terminate him without the risk being charged of | | | | corresponding lawsuit against the employer or the |
| wrongful termination. | | | | company. Yet, in seeking for justice, it is always |
| "At Will" Employment Exemptions | | | | advisable to have consultations with a wrongful |
| Although "at will" employment scheme is not | | | | termination attorney especially if an employee |
| prohibited in California, terminating an employee on | | | | does not have sufficient understanding of the |
| the following bases are considered violations of | | | | Labor Law provisions. |
| the law and can be subjected in a legal action: | | | | Illegally terminated employees must understand |
| - Ethnic group, gender, marital status, national | | | | that the filing a case require basic knowledge |
| origin, disability and religious and/or political | | | | about legal procedures. This explains the |
| affiliation | | | | importance of hiring a credible legal counsel for |
| - Retaliation for a whistle blowing feat or testifying | | | | assistance and representation. Attorneys who are |
| against the company | | | | experts in the field of Labor Law will definitely |
| - Overtime pay demands including lunch and rest | | | | improve a wrongful termination claim's winning |
| breaks | | | | potential. |
| - Lodging requests | | | | |