Advocating For The Rights Of Southern California Employees Since 2007

When can my employer legally terminate my employment?

On Behalf of | Jan 23, 2020 | Firm News |

Wrongful termination is difficult to prove because of the way employment is in the United States. Most of the time, you and your employer have the free will to decide when to start and end employment and can do so at any time without any reason. This is what the industry calls at-will employment. You will find for most jobs that this is the case. In such a situation, there is no need for an employer to tell you why he or she is firing you and he or she can do so for any reason that does not violate discrimination laws.

Proving wrongful termination is usually easier if you have a contract. According to California Legislative Information, contracts are legally binding, so an employer cannot terminate your employment unless it falls within the scope of the contract. There is an exception: wage garnishment.

Your employer cannot terminate your employment on the grounds that there is a wage garnishment in place for you. This applies only to one judgment for a garnishment. If you have multiple judgments, then the law does not offer protection against termination. Contracts or language in hiring documents cannot override this law.

While your employer may end your employment legally, there are other issues for which you do have protection. If you lose your job, your employer must still pay you all the wages you rightfully earned while still employed. Your employer cannot withhold these wages unless otherwise stated in an employment contract. So, if this happens, even if there is no wrongful termination, you may still have reason to seek legal remedies against your employer.