Legal Question in Employment Law in California
authorization form with possible violation of rights
My Employer has issued a mandatory background check and I will be fired unless I sign the authorization form. I am not a seasonal employee and I have been employed for 9 months. The last sentence on the form states the following: If employed by the Company, my employment will not be for a specified period of time and can be terminated at any time for any reason, with or without cause or notice, by me or by the Company. I am under the impression that there is a law saying I can not be fired without just cause or something similar and that by signing this form I will be giving up these rights based on the previous sentence. Are they breaking a law by forcing me to sign this form to continue my employment and give away these rights? Thank you.
2 Answers from Attorneys
Re: authorization form with possible violation of rights
It depends on whether you have a contract or not. If you are not a contract employee, you can be fired now for no reason because California is an at will state so the provision in your background check document is no change. Most employment contracts contain a provision where the employee may only be terminated "for cause". Civil servants, union workers and other folks who work under a contract enjoy these protections.
Re: authorization form with possible violation of rights
The sentence is in accord with California law which provides that employees who do not have a contract for a specific period of time are at-will.
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