Legal Question in Employment Law in California
Termination
I am currently working in an employment at will state (California) as a manager. Can a person be fired without notice if the company in which the person is working for has a progressive disciplinary policy? I understand that a person can be fired for cause or without cause with this employment at will statute. With this said, how does the disciplinary process play into the picture? In other words can an employer bypass the disciplinary process in terminating a persons employment? I have heard that an employer who has a progressive disciplinary policy cannot deviate from this process or they could be sued for a lack of due process.
2 Answers from Attorneys
Re: Termination
If the employer has a stated "at-will" policy, it is confirming what California law says, that employment for an indefinite period of time may be terminable at the will of either party. This means with or without cause. Over the years, courts have recognized that agreements may be created which may be exceptions to the at-will law. Most of the time these agreements are not in writing. They may be implied by the employer by its actions and policies. Progressive discipline policies are one of the things courts will look at to determine if the employer has not followed the at-will practice. If so, a contract may be implied that the employee may only be fired for cause. The wording of the policy is very important. Some simply say the policies are guidelines and need not always be followed. Read it over carefully. If necessary get a legal opinion.
Re: Termination
There have been cases where the courts have held that such a policy might be an implied contract and then the employee is no longer at will.
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