Legal Question in Employment Law in California

California is an employment-at-will state. That means that any employer can take an adverse action, including termination, against an employee at any time for any reason that is not against the law or discriminatory.

An adverse employment decision that is against the law would be, for example, terminating an employee in retaliation because the employee filed an OSHA complaint.

A discriminatory reason would be one based on race, color, religion, sex, national origin, disability, genetic information, or age. California also prohibits discrimination based on pregnancy, filing a workers� compensation claim, and sexual orientation.

There are exceptions to employment-at will. Those are:

1. An employment contract. In California, an employment contract does not necessarily have to be in writing. It may be implied by the actions of the employer, or what the employer says.

2. An employment manual that states employment is not at will, or that certain procedures must be followed to terminate an employee.

3. A union agreement.

4. In California, there is a good-faith exception as well, which means that in the termination must not be made in bad faith or maliciously. A bad faith or malicious reason for termination would be, for example, making up allegations that an employee breached a contract in order to avoid paying them a commission.

5. In California, an employee may not be terminated for reasons in violation of California�s public policy � such as termination for pregnancy.

6. There may be additional exceptions that apply to public employees, such as police officers and employees of government agencies.

So, while your employer was entitled to terminate you, your employer is breaching its contract with you to pay commissions.

California's Division of Labor Standards Enfocement (DLSE) can handle claims for unpaid wages. Here is their website: http://www.dir.ca.gov/DLSE/. The DLSE doesn't charge for its services, and it may be faster than a Los Angeles County Small Claims Court.