Get An Attorney’s Help With Employment Law In Orange County
Under California law, most employer-employee relationships are “at-will,” which means the employer (or employee) may terminate the relationship at any time, with or without cause. If you are a California employer, you should have policies implemented which reinforce and affirm that you are an at-will employer. However, the cause of a termination must not be illegal. An employer may not be terminated in California for:
- Race, gender, national origin, disability, orientation, religion, or pregnancy
- Requesting overtime, rest or lunch breaks, or an accommodation for a disability
- Opposition an illegal activity or refusal to enter a hazardous job site
- Taking pregnancy, family, or medical leave
- Political affiliation, taking time off to vote, or taking time off for jury duty
- Refusal to sign a non-compete clause
If you are sued for wrongful termination, it will cost you significant time and resources. In southern California, an experienced Orange County employment law attorney can provide whatever legal representation you need and also help you craft and implement compliant hiring and firing policies that reduce your risk of facing discrimination suits.
Terminations are classified as firings or as layoffs. In an economy based on at-will employment such as California’s, workers may be laid off for economic reasons unrelated to job performance or ethics. A layoff may be due to a company’s need to restructure, go out of business, or change its business function. Sometimes a layoff is temporary during a cyclical or seasonal downtown (or the relocation of a business) and employees may return after normal business resumes. Another type of layoff a company may conduct is the “aggressive” layoff, where the employee is laid off but may not return and is not replaced because the job is eliminated. A significant number of simultaneous, aggressive layoffs is usually considered “downsizing.” These layoffs are not technically classified as firings; however, in an employment contract the term “layoff” may be defined differently.
Each and every employee you hire represents a possible lawsuit. If you are an employer facing a wrongful termination claim; facing any other employment-related allegation; or if you need legal counsel or representation regarding any hiring, firing, or discrimination matter, get legal help at once and consult an experienced Orange County employment law attorney immediately.