Legal Question in Employment Law in California

termination

Can a employer terminate you without a fair warning? Or any warnings about your progress before completely terminating you?


Asked on 8/14/06, 3:36 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: termination

If there's no agreement in writing, you can be fired for any reason or no reason at all, as long as it's not for illegal reasons like discrimination or whistleblowing. Feel free to e-mail me with more details if you think you fit in either of these categories, or have worked there for a long period of time. Also, they have certain time limits to give you final pay. Otherwise, penalties attach.

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Answered on 8/28/06, 6:25 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: termination

Although there are exceptions to the general that California emplyers hold their jobs "at will", a California employer general does not have to give any notice or warning prior to termination. The employer is required to give your final paycheck on the day you are terminated.

Some job categories might have some proection like a civil service job or someone who is protected by a union bargaining agreement. You should consult a local employment law attorney for more information.

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Answered on 8/28/06, 6:29 pm
Terry A. Nelson Nelson & Lawless

Re: termination

CA employees are 'at will' and can be fired any time for any reason, with or without cause, with or without prior warning. The only exception is if the firing is illegal, such as for discrimination, or whistle blower retaliation, or if you have a written contract that would be breached. If you think you can prove that, feel free to contact me.

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Answered on 8/28/06, 8:17 pm


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