In the state of California, one of the biggest misunderstandings is that whether a two weeks’ notice by employer or employee is required prior to the termination of the employment.

Without a written employment contract, all employment relationship is presumed to be at-will employment in California. Simply put, all employees and employers can terminate their employment relationship at their will. Thus, it is not illegal for employers to lay off a worker without notice or for employees to quit without notice. The two weeks’ notice is just a considerate gesture for one another.

In addition, under the at-will employment, an employer can terminate an employee’s employment for any cause. For example, an employer can fire an employee based on a personal dislike and such conduct is not considered as wrongful termination. In order to give rise to the wrongful termination cause of action, an employee must show that the reason for termination was based on the discrimination against sex, age, race, nationality, religion, disability, etc., those rights protected under the Constitution. However, there may be other circumstances giving rise to the wrongful termination cause of action, so in any case, we highly recommend you to consult an employment attorney first.