Wrongful Discharge Claims
California law recognizes that the employer-employee relationship is fundamentally contractual—personal services exchanged for compensation. In the absence of contractual terms to the contrary, at-will employment is the default status of employment contracts in California. (Labor Code section 2922.) However, even though a termination under a given circumstances may not give rise to a breach of contract, an employment termination may yet be illegal if it violates a recognized public policy or is inconsistent with employment discrimination or whistleblower statutes. Wrongful discharge in violation of public policy is a common law tort in California.
EAG defends employers in all forms of alleged wrongful employment termination claims, including the following:
- Termination in violation of public policy
- Termination in breach of implied contractual terms
- Retaliatory termination in violation of Labor Code section 1102.5
- Retaliatory termination in violation of Labor Code section 232.5
- Retaliatory termination in violation of the California Constitution
- Retaliatory termination in violation of workplace safety regulations