Is being an 'Employee at will' in California bad for you?

  • 3 months   ago

As kids, we believe that growing up, searching for, and getting a job is a piece of cake. You look for advertisements, apply for the job, and the company says, "Welcome Aboard!". We begin working, and each month we get our paychecks for the rest of our lives. Unfortunately, the reality is quite the contrary. When we become adults and adequately seek jobs for the first time, our whole world comes crashing down; the things we once found easy end up being a steep mountain that takes a truckload of effort to climb. Striving for an excellent job, we realize that the job market is way more complex than we ever thought; it's jammed up with vague terms and ill-defined contracts. That is why Employment lawyers for employers are in constant demand, and people in today's world seeking jobs have to consult lawyers before getting one.

What is an "Employee at will"?

Now that you have been offered a position or perhaps you have already started working, you may have come across the phrase "Employee at will." This phrase is a massive part of these confusing contracts, a vague term, a term that, when you search about it for the first time, it'll probably haunt you for the rest of your life. So, what does "Employee at will" actually mean? In simple terms, an employee at will has no legal right to keep their job. The employer can fire them at any time without providing any reasoning for the termination. 

How do you know your status?

Now, since you're aware of what the term means, the question arises, "Am I one?" Interestingly, laws around the country stand with most employees being hired "at will." So, this means that being an employee at will is the default, and you have to prove your statement if you declare it otherwise. Now, you can provide documentation that clearly states your status as someone not hired at will. Alternatively, you can prove that the employer orally said that you are not an employee at will.

So, how do you check your current status? If you are looking for a job or are already employed, you can find your status by looking through the company documentation. Companies usually go to great lengths to state their position to avoid any future issues. So, you can easily find the details regarding this topic in their written policies and other employment-related documents.

Rights as an "at will" employee

Hearing all this may seem daunting. The constant stress of finding a job with good pay, which is prestigious, and a job that makes you content with your life is already a mountainous task. Imagine combining the former with the realization that despite everything, on any day, at any time, and without a single reason, your employer can fire you is not something easy to digest. But fear not just because the employer can fire you without rendering a cause doesn't mean that there is no reason to begin with, and some of these reasons are outright illegal, and firing you for such a reason can easily land them in court. 

The most prominent example of this is firing due to discrimination against your race, religion, gender, etc. We have grown a lot as a civilization. Centuries of evolution, slip-ups, and many learning experiences have made us the creatures we are today. We can not and will not let the mistakes we made in the past become the mistakes of the future. So, if you suspect that you are getting fired because of any of the reasons mentioned above, you should contact employment attorneys Nakase Wade.

Furthermore, being an employee does not mean that the employer owns you. You still have your legal rights as an employee. For example, suppose the employer fired you in retaliation for exercising your legal rights as an employee. In that case, you should know that this is also wholly illegal not only that, but if it's the reason behind slacking you off, then you are entitled to compensation. As mentioned earlier, hiring an attorney is the best course of action if you face a situation like this.

Source: Pixabay