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What is At-Will Employment in California

at-will employment probation definition legal california
In California, an employee is presumed to be "at-will" in the absence of specific agreement otherwise. "At-will" employment means that an employee can quit his employment at any time with or without cause and with or without notice; the same employee can also be terminated by the employer for any reason, no reason or arbitrary reason with or without notice, except that terminating an employee for discriminatory or retaliatory reason is illegal.   

Most but not all employees in California are "at-will", and certainly most employees of private employers are employed at will.  The main exceptions are the unionized workers, whose relationship with the employer is governed by a collective bargaining agreement that usually limits the employer's right to terminate an employee and requires "just cause" for any discipline, including termination. The exceptions also include most government employees and many nurses, teachers and other professionals, as well as many laborers who are unionized. And of course, employees who sign an employment contract that provides for a term employment for a specific period of time usually also cannot be terminated before the contract expires unless a certain agreed upon event occurs (such as misconduct or "just cause").   

A somewhat illusory term at workplace is "probationary period". If you are an at-will employee at a private company, that concept is pretty much meaningless as it makes no difference to your employment status, unless the employer specifically states in its policies that you have some kind of permanent worker status after you successfully complete the probationary period. Most private employers, however, make it very clear that even when you complete your probationary period, you still remain an at-will employee. In that case, your probation never really ends as you still can be terminated at any time and for any or no reason, as noted above.  Usually, the term "probationary period" has greater meaning in public sector employment, where an employee has way fewer reinstatement rights if he is dismissed during the probationary period, rather than after becoming a permanent civil service employee.

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What Is Wrongful Termination?
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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case