Exceptions to the At-Will Presumption of Employment Public Policy Violations in California
Basic contract principles govern employment relationships in California. California Labor Code §2750 provides that a "contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person."
Presumption of At-Will Employment
An employment relationship in California is also governed by a statutory presumption called "at-will" employment. Thus, an employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month. Having no specified term, the employment is terminable at the will of either party, even if the employee’s salary is negotiated annually. California Labor Code §2922.
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Sexual Harrassment Article and Policies
Vulgar Language or Similar Conduct in the Workplace
Your motion should explain that the use of vulgar language does not necessarily mean that your client invited or welcomed what would otherwise be considered sexual harassment. In fact, she had told the harassers to stop and complained to the board of directors of the company with no response or investigation. Carr v. Allison Gas Turbine Div., General Motors Corp. (7th Cir. 1994) 32 F.3d 1007, 1010-1011; Swentek v. USAir, Inc. (4th Cir. 1987) 830 F2d 552, 557.
One court has held that where a coworkers' sexually explicit graffiti and vulgar comments directed at plaintiff could be considered "unwelcome" sexual harassment even if she herself used foul language and engaged in graffiti writing. Danna v. New York Tel. Co. (SD NY 1990) 752 F.Supp. 594.
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THE BLAME GAME: Deflecting Attacks on Your Client’s Character
in Wrongful Termination Cases
Jimmy Hodges is one of the wisest persons I know. He is an African-American man, about eighty years’ old, maybe older, no one really knows. Jimmy’s beard drops down to the floor so he wraps it with rubber bands in a bundle and it swings from shoulder to shoulder as he speaks. He’s not a lawyer and did not finish grade school. One day during my college years we sat in a park off Lake Shore Drive in Chicago, Illinois. After about an hour, Jimmy paused, took a long draw off his pipe and looked up at me and said, “Whenever you point your finger at someone else, you have the rest of your fingers pointing back at you.” Jimmy was strange, but where did this come? I was not winning our chess game and never have.
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