Legal Question in Employment Law in California
Just to confirm, does at-will-employment gives the employer that right to term/layoff an employee without cause? I had a good working relationship with the coworkers/company and my team. I did not see this layoff term coming. I was employed for 18 months.
I asked "Why am I being laid off?", I was informed by my manager and head of HR that "due to legal reasons we cannot say".
2 Answers from Attorneys
Yes, in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. And, they don't have to say anything or answer questions.
First, a layoff is when there is not enough work for the worker. The other type of termination by the employer is being fired and it can be for any lawful reason if the employee is at-will. Workers are usually at-will employees who can quit at any time for any reason at all. No reason or notice need be given by either the employer or employee. However, if the employee is fired or laid off, he/she must receive the final paycheck, including any earned and unused PTO or vacation (not sick leave) on the date of termination. If you did not get your final check on your final day, call an employment law attorney to discuss.
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