Preserving At-Will Employment

California’s Labor Code contains the following provision on at-will employment: “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.”¹

Unless a contract specifies otherwise, employment is presumed to be at-will. A terminated employee can overcome the presumption that the employment was at-will by proving:

• There was an employment contract for a specific length of time. For more information, see Employment Contract Modifies At-Will Employment.