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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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If my boss threatened to fire me if I I didnt sign an at-will

Customer Question

If my boss threatened to fire me if I I didn't sign an at-will contract after working there for over 10 years, does that make the contract no good?

In his deposition he admitted that he threatened me into signing the at-will agreement. How does this help my case in CA?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 4 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Joseph replied 4 years ago.

Did you have a contract with your employer prior to the 'at-will' agreement that stated that you could only be terminated for cause?
Customer: replied 4 years ago.
Unfortunately, no but I will from now on.
Expert:  Joseph replied 4 years ago.
Unfortunatley, in that case, you were still an at-will employee even though you didn't have an at-will agreement.

In California, you are automatically an at-will employee, and this can only be changed by a contract or a collective bargaining agreement with your employer.

This stems from the employment at-will doctrine, which is codified in california Labor Code 2922, and states:

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.

As an at-will employee, your employer is free to threaten termination if you don't sign an at-will agreement, so regardless, you would still be considered an at-wil employee.

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