Irvine, CA asked in Employment Law and Health Care Law for California

Q: I was given 90 day notice of termination after I refused to do IV hydration that was not even part of my contract.

2 Lawyer Answers
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you've been given a 90-day notice of termination for refusing to perform duties not stipulated in your contract, you may have grounds for a wrongful termination claim under California law. Employment in California is generally at-will unless otherwise specified by contract. If your contract clearly outlines your responsibilities, and IV hydration was not included, the termination may be considered a breach of contract. Additionally, California Labor Code Section 2922 provides that an employer cannot terminate an employee for a reason that violates public policy. Therefore, if you were asked to perform tasks that fall outside the scope of your contractual obligations or professional standards, and your refusal led to termination, it could potentially constitute wrongful termination. You should gather all relevant documentation of your employment terms and the circumstances surrounding your termination. It would be prudent to consult with an employment attorney who can assess the details of your situation and advise you on the best course of action.

Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: In California, you are considered to be an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the agreement at any time and for any reason or even no reason at all. This is true even if you have a written contract unless that contract makes the status other than at will.

That means that unless the contract somehow guarantees you would only be working certain activities, the employer can add responsibilities to your job and you have no recourse.

Good luck to you.

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