Calif. High Court: No Mystery to Employee's 'At Will' Contract

[IGBT]

Text

California workers were put on alert by the state Supreme Court on Thursday that at-will jobs are just that: Employers don't need a reason to fire you.

The unanimous ruling is a boon for the business community and clarifies an area of the law that had gotten increasingly murky because of conflicting appellate court opinions in recent years.

"As long as you use the phrase 'at will,' it means at will," overjoyed defense lawyer Robert Mason III said Thursday.

Mason, a San Francisco-based of counsel for L.A.'s Bergman & Dacey, represented Arnold Worldwide Inc., a Los Angeles advertising agency sued for breach of contract by a former vice president and management supervisor, Brook Dore.

 

[Maximus96]

employees also don't need a reason to quit...

 

[IGBT]

Originally posted by: Maximus96
employees also don't need a reason to quit...

..I suspect calif.is moving toward a "right to work" state.

 

[bennylong]

I thought it was always like this? You can quit anytime you want and not give a reason, they can fire you anytime they want and not give a reason.

I have seen quite a few people given 2 hours notice and walked out by 2 security guards.

 

[Amused]

Good for CA. There is no reason why employers should not have the same rights and freedoms as employees.

 

[TuxDave]

Meh.. I'm an 'at will' employee. I understood what it meant when I signed up.

 

[Red Dawn]

That's why I laugh at those who pledge loyalty to their employers. The only loyalty you owe is to yourself.

 

[zendari]

At will means at will? No sh!t.

 

[TheAdvocate]

The cost of labor just dropped a buck or two an hour in Cali. That is all this decision is really about.

 

[BoberFett]

Originally posted by: TheAdvocate
The cost of labor just dropped a buck or two an hour in Cali. That is all this decision is really about.

What do you mean "dropped a buck or two". I didn't know those illegals made more than a buck or two an hour to begin with.

 

[MotionMan]

I am an employment lawyer in California (defense only). You would have thought this was clear to begin with, but almost every case I have, even when the person signs an "at-will" agreement, involves a claim of an implied "for cause" clause.

This case alone could help settle three of my cases.

MotionMan

 

[DAGTA]

Originally posted by: Red Dawn
That's why I laugh at those who pledge loyalty to their employers. The only loyalty you owe is to yourself.

QFT

 

[nageov3t]

isn't ever state like that?

 

[Darthvoy]

Originally posted by: Red Dawn
That's why I laugh at those who pledge loyalty to their employers. The only loyalty you owe is to yourself.

you can love the man, but the man will never love you back

 

[JS80]

gawd finally. my boss is always pussyfoots and too scared to fire anyone.

 

[zendari]

Originally posted by: loki8481
isn't ever state like that?

Nope, IIRC 10 or 11 states are not. You cannot be fired there without "just cause" as that would be "bad faith".

 

[TheAdvocate]

This, of course, does not make termination on the basis of Title VII protected classes okay, so expect the same people on both sides to continue the same legal manuevering (wrongful terminations by some employers resulting in lawsuits, and frivilous wrongful termination suits by lazy people looking for a quick buck).

Seriously, this settles very little. That's why I made the comment I made. This was really about the employers gaining some of their leverage back so they could decrease wages across the board. I make no judgment in that, it simply is the truth of the situation.

 

[fitzov]

Is this an issue? At will has always meant there does not need to be a justification for terminating an employee. However, employees still may claim unemployment benefits even if they are fired--then it makes a difference what the reason is.

 

[LuNoTiCK]

Good.. I don't see anything wrong with this.

 

[gsethi]

If the employees dont give any reason and quit the job, then the employers should have that same right also. I had one employee who just did not show up on schedule for ~2-3 days. When I called to enquire about her, she responded that she did not want to work anymore. No notice or anything. Was a tough week scheduling wise.

If the employees feel that they can stiff their employers at the last moment, then employers should be able to do the same to the employees Fire anytime without reason....

 

[chambersc]

Originally posted by: MotionMan
I am an employment lawyer in California (defense only). You would have thought this was clear to begin with, but almost every case I have, even when the person signs an "at-will" agreement, involves a claim of an implied "for cause" clause.

This case alone could help settle three of my cases.

MotionMan

Free money for MotionMan!!

 

[MotionMan]

Originally posted by: chambersc

Originally posted by: MotionMan
I am an employment lawyer in California (defense only). You would have thought this was clear to begin with, but almost every case I have, even when the person signs an "at-will" agreement, involves a claim of an implied "for cause" clause.

This case alone could help settle three of my cases.

MotionMan

Free money for MotionMan!!

I wish. I'm on the defense.

MotionMan

 

[chambersc]

Originally posted by: MotionMan

Originally posted by: chambersc

Originally posted by: MotionMan
I am an employment lawyer in California (defense only). You would have thought this was clear to begin with, but almost every case I have, even when the person signs an "at-will" agreement, involves a claim of an implied "for cause" clause.

This case alone could help settle three of my cases.

MotionMan

Free money for MotionMan!!

I wish. I'm on the defense.

MotionMan

So it's one of those "No charge less we win your case?" I'm going to have to remember this when I start my career as a lawyer.

 

[Pikachu]

Originally posted by: Red Dawn

That's why I laugh at those who pledge loyalty to their employers. The only loyalty you owe is to yourself.

Wow, that would make an interesting poll. Who here, "pledges loyalty" to their employer? Care to guess what the outcome would be? Personally, I've never met anyone who did, and I've been around a while!

 

[MotionMan]

Originally posted by: chambersc

Originally posted by: MotionMan

Originally posted by: chambersc

Originally posted by: MotionMan
I am an employment lawyer in California (defense only). You would have thought this was clear to begin with, but almost every case I have, even when the person signs an "at-will" agreement, involves a claim of an implied "for cause" clause.

This case alone could help settle three of my cases.

MotionMan

Free money for MotionMan!!

I wish. I'm on the defense.

MotionMan

So it's one of those "No charge less we win your case?" I'm going to have to remember this when I start my career as a lawyer.

No. I am on the defense,not he Plaintiff's side.

MotionMan