The rules governing when an employer can terminate an employee depends on the type of employment. There are two general categories of employment: contract employees and “at-will” employees.
The termination of a contract employee depends on the specific terms of their employment contract. Employment contracts vary a great deal but some examples of good cause to terminate a contract employee are: violating a non-compete agreement, disclosing trade secrets, failure to meet performance standards, violating company policy, etc. In addition, many employment contracts have termination clauses, which often allow either the employer or the employee to end the employment for any reason if an appropriate amount of notice is given.
Most employment is considered “at-will,” which means that the employee has very few protections from being fired. In fact, employers can often terminate at-will employees for any reason or even no reason at all with little or no notice. However, even at-will employees are protected from being fired for anything that violates anti-discrimination laws.
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An employer can fire an at-will employee for any reason, except for the following:
Unless there is a company policy or employee handbook states otherwise, employers are not typically required to give advanced notice when firing an employee. However, employees are not required to give advance notice unless there is a contract or company policy that states otherwise. If you are an employee and would like to quit your position, be sure to read your contract to make sure that
If you believe you have a claim for wrongful termination, an employment attorney can help you investigate the reasons for the termination, gather evidence, and advocate for you in court.
Last Modified: 10-01-2017 10:49 PM PDTLaw Library Disclaimer
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