Pasadena Employment Law
In California, the relationship between the employer and the employee may be either a contract for a definite term or "at will." At will essentially means that neither employee nor employer have any legal commitment to continue their employment relationship for any length of time. Thus, worker and business each have the right to terminate that relationship at any time, for any reason (as long as illegal discrimination or retaliation is not involved) or no reason, with or without advance notice.
In the absence of an agreement to employ a person for specific duration (say, a year or several years), the employment relationship is presumed to be "at will." Of course, a presumption can be overcome if the circumstances are appropriate. In California, an employee can defeat his or her employer’s claim of at will status by showing policies or promises that the company would only terminate that worker in specific circumstances (for example, failure to meet performance standards or a violation of workplace procedures or rules).
Employment law is a complex field. In the fields of discrimination, harassment and retaliation particularly, employers also should be aware that state and local laws may provide broader protection than federal law. For instance, a state may prohibit discrimination on the basis of pregnancy, sexual orientation, or marital status. To date, there is no federal law covering these classifications. In addition, a number of state laws, including California's, protect political expression from employer interference.
The Law Offices of Timothy Bowles is a Pasadena, California - based employment firm that regularly helps employer management remain aware of the ever-changing workplace laws. We also advise employers on the development of workplace policy that will minimize the risks of legal disputes and claims.
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