The employment relationship in California is governed by Labor Code section 2922. Labor Code section 2922 states, “An employment, having no specified term, may be terminated at the will of either party on notice to the other.” This is known as “at-will” employment. But an employer can override this rule by creating a contract that creates something other than “at-will” employment. This can be an “express” or an “implied” contract. Express contracts use words in written or oral contracts. Implied contracts are based on employer conduct, including inaction, such as allowing an employee’s poor behavior or poor performance to go uncorrected for years while giving the employee annual pay raises and decent performance reviews. Express or implied contracts can create employment guaranteed for a specific period of time or legal obligations that discharge will occur only for “cause” or “good cause” or only after certain disciplinary steps have been taken, i.e. “progressive discipline.” As an employer, this is something you don’t want to do.
The employment relationship in California is governed by Labor Code section 2922. Labor Code section 2922 states, “An employment, having no specified term, may be terminated at the will of either party on notice to the other.” This is known as “at-will” employment.
But an employer can override this rule by creating a contract that creates something other than “at-will” employment. …
California courts have stated the employment relationship in California is “primarily contractual.” This a misnomer because the employer and employee relationship is a special legal relationship that is framed by a mixture of statutory, contract, tort and criminal law. Even the foregoing phrase “primarily contractual” hedges its bets. What does it mean to be “primarily” contractual?
Contracts can be oral or …
Employment contracts are an exception to the assumption that all employment is “at-will” employment. “At-will employment means the employer or employee may terminate the employment relationship at any time with or without notice and with or without “cause.” Generally speaking the employment relationship under California law is not “contractual” (although the California Supreme Court has said it is “primarily contractual”) it …
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