Does “At-Will” really mean…?
We are constantly receiving separation information that a former employee was let go because “…we are an at-will employer.” Under the California Labor Code the employment relationship is terminable at will by either the company or the employee with or without cause or advanced notice.
QUESTION: Can an employer let an employee go because of the “At-Will” provision? Let me hear from you!
Under this legal doctrine:
“ any hiring is presumed to be “at will”; that is, the employer is free to discharge individuals “for good cause, or bad cause, or no cause at all,” and the employee is equally free to quit, strike, or otherwise cease work.
I would say “no”, based on the actual California Labor Code, Section 2922 and 2924, since most of our employees are working for longer than a one month period. Unless I am totally mis-interpreting it. They are as follows: Labor Code Section 2922. An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month. Labor Cosde Section 2924. An employment for a specified term may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it.