At-Will Employment

Most workers in California and Texas are “at-will” employees, meaning they can quit or be fired without notice, for any legal and non-discriminatory reason. Unless an employee has an Employment Contract or Collective Bargaining Agreement with the employer, employment is at-will. If an at-will employee is fired for reasons identified as illegal under state or federal law, s/he can pursue a legal claim for wrongful termination. Federal law and Texas law prohibit termination of at-will employment motivated by discrimination, or for one of a few additional reasons. California law prohibits discriminatory firings and firings due to a significant number of additional reasons unique to California law.

There are many cases where people are surprised to learn that they are an at-will employee. Even though this may be stated in the employee handbook or during the onboarding process, most people don’t know what this means or don’t take the time to research what their rights are. Unfortunately, the rights of an at-will employee are limited in both Texas and California. If you are fired or let go from a job and you believe your employer did not have the right to do so or acted discriminately, you may be able to seek legal recourse.

Understanding Your Rights as An At-Will Employee

In Texas, there are certain employees who have additional rights, such as government employees. In these instances, they are protected by civil service laws and cannot be fired for any random reason. All other at-will employees can be let go from an employer “at their will”. However, if you suspect you were terminated for a potentially illegal reason such as discrimination, please call Janovsky & Associates today. Attorney Janovsky will go over your case with you and determine if you are able to get around an at-will employment contract. Examples of this include claiming fraud, age or sex discrimination, or bad faith.

At-will contracts often go undetected and lumped in with a myriad of other paperwork upon hiring. In many cases, employers will ask new hires to sign an at-will agreement among the seemingly endless stack of other important documents. While in theory you do not have to sign an at-will agreement, employers can refuse to hire you if you do not sign this contract. As you can see, this makes things a bit complicated.

There are many different labor laws an employer can break that will lead to the wrongful termination of an at-will employee. If you are concerned that termination of an at-will employment position is potentially illegal, contact Attorney Janovsky for a consultation. Texas and California state laws prohibit discrimination based on race, religion, sex, age, national origin, disability, and pregnancy. If your employer has done something to discriminate against you or you feel you were wrongfully terminated for another reason, please contact Janovsky & Associates today, to work closely with you to determine if you have a case against your employer and to take legal action if deemed appropriate. Janovsky & Associates is on your side and want to help you fight back against a wrongful termination.

Legal Disclaimer: The information provided on this website is not legal advice, and does not establish an attorney-client relationship. The information is provided for informational purposes only.