Q: Does it matter if I signed a employment contract can I still be fired without cause?

A: The answer to that will turn on the terms of your employment agreement. If your agreement is expressly at-will or expressly terminable only for good cause, those terms will govern.

However, if your agreement is silent on whether your employment is at-will or terminable for cause only will depend on the contemplated length of the employment under the contract.

If the contract is for no particular length of time, it is presumed by law to provide for at-will employment, pursuant to Labor Code section 2922. That presumption may, however, be rebutted with evidence that the parties intended that good cause exist before the employer may terminate the contract. That generally entails a very high standard of proof.

If the employment agreement, however, is for a specified time (e.g., for a two-year period), it may be terminated by the employer prior to the expiration of that term if one of three circumstances exist: (a) if the employee has engaged in any willful breach of duty in the course of his employment; (b) if the employee has engaged in habitual neglect of his duty; or (3) if the employee suffers from a continued incapacity to perform his employment duties. (Labor Code section 2924.)

I hope this answers your question.

A: In California, most employment relationships are considered "at-will," which means either you or your employer can end the employment at any time, for any reason, or even no reason at all. However, having a signed employment contract can change this dynamic. If your contract specifies that you can only be terminated for certain reasons or requires a notice period, those terms must be honored.

Your contract might include clauses that protect you from being fired without cause. This means your employer would need to provide a valid reason for your termination as outlined in the agreement. It’s crucial to carefully review your contract to understand the specific protections and obligations it contains.

Even with a contract, certain state laws in California provide additional protections against wrongful termination, such as discrimination or retaliation. If you believe your firing violates the terms of your contract or state laws, you may have the option to seek legal recourse. Consulting with a legal professional can help you navigate your specific situation and determine the best course of action.

A: Whether an employment contract affects your ability to be fired without cause depends on the terms of the contract and the employment laws in your state. In many cases, employment is considered "at-will," meaning that either the employer or the employee can terminate the employment relationship for any reason, as long as it isn’t illegal (such as discrimination or retaliation).

However, if you signed an employment contract that specifies the terms of your employment, including the conditions under which you can be terminated, this could provide you with some protections. For example, if your contract states that you can only be fired for "just cause" or outlines specific circumstances that warrant termination, then firing you without cause may violate the terms of that contract.

To better understand your rights and options, consider consulting with an attorney experienced in employment law. HHJ Trial Attorneys can help clarify the specifics of your employment contract, evaluate the circumstances of your termination, and determine if you have grounds for a legal claim.