Guide to Your Rights in California if You Get Fired or Laid Off, or You Want to Quit

This is part of our Guide to Employee Rights in California: What Every Worker Needs to Know.

What can I do if I get fired?

If you are fired as a result of discrimination or retaliation for whistleblowing (see above), you may have a claim for “wrongful termination.” Also, if you have an employment agreement or contract that says you cannot be terminated except for “cause” or “good cause,” you may also have a claim for wrongful termination and/or breach of contract.

Other than that, you probably don’t have much recourse if you get fired, as the default rule is that employees are “at will,” serving at the will of the employer.

Do I need to give 2 weeks notice before quitting?

There is generally no legal requirement that employees give any notice to their employer before quitting (unless it specifically says so in your employment agreement). You can generally quit on the spot, just as your employer can generally terminate you on the spot. The “2 week notice” standard before leaving a job is simply a convention or social norm that is expected in many workplaces, but is not legally required.

Are employees entitled to severance payments?

California employers are not required to pay severance or termination compensation upon terminating employees. It doesn’t matter whether the employee was fired, or “let go,” or quit.

That said, if you have an employment agreement with your employer that stipulates a certain severance payment, then you would be entitled to the terms of the agreement.

Am I eligible for unemployment benefits?

If you are unemployed through no fault of your own, you may be eligible for unemployment benefits. See our Guide to Unemployment Benefits in California.

Can my employer prevent me from leaving and going to work for a competing company?

No, in California, an attempt by an employer to prevent a former employee from going to work for a competing company, such as by a “non compete” or “non competition” provision in an employment agreement, is invalid.¹BPC 16600 The one main exception is that an owner of a business, as part of selling his/her ownership in the business, may agree to not carry on a similar business in the geographic area.²BPC 16601, 16602

However, this does not mean you can use confidential and proprietary information (aka “trade secrets”) you obtained from performing services for one company to your own benefit or for the benefit of another company. A related concept is that a company you perform services for may prohibit you from “soliciting” their clients, through a “non solicit” or “non solicitation” provision. But if the clients contact you on their own, the company can’t prevent this.

Related

Guide to Employee Rights in California: What Every Worker Needs to Know

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