State Of California Laws For Termination Of Employment

Department Of Industrial Relations Division Of Labor Standards Enforcement

Termination Of Employment:Within the State of California, employment may be terminated at the will of either party. Both the employer and the employee are free to end the employment relationship at any time, with no penalty being assessed to either. Unless the parties have previously agreed to the contrary, there is no notice required to be given by either party.Employment covered by a collective bargaining agreement (union contract) is subject to the terms and conditions of the particular agreement. The Division of Labor Standards Enforcement (DLSE) does not have jurisdiction over such employment, and an employee should contact a representative of their local union when a dispute arises.When an employee feels that they have been wrongfully terminated, harassed or discriminated against based on their race, religion, gender, color, national origin, ancestry, disability, medical condition, marital status, age (over 40), sexual orientation or denial of family medical leave, they should contact the Department of Fair Employment and Housing concerning their rights under wrongful termination law. An employee who feels that he/she has been assaulted, threatened with assault, or feel he/she is in danger, should contact their local law enforcement office. Other forms of harassment generally require the filing of a lawsuit in civil court. The DLSE has jurisdiction when an employee has been retaliated against for participating in a protected activity. For a list of protected activities that include filing a complaint with this office, jury duty participation and complaining about safety, contact one of the DLSE’s offices. (Labor Code § 98.7) DLSE-2005-TGovernor:Arnold Schwarzenegger Revised 6/2005