Accepted Answer

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Most employment relationships are considered “at-will,” where either party can terminate the employment at any time for any reason whatsoever. However, in California, “at-will” employment only applies in the absence of an employment contract. If the parties have a contract, the terms of the contract apply. A contract can be formed in a variety of ways. The parties may have oral discussions that include promises to perform, or representations may be made during training or in policy manuals. Additionally, even if employment is considered “at-will,” a person may not be terminated in violation of state or federal employment law.

The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:

Firing in violation of federal and state anti-discrimination laws;
Firing as a form of sexual harassment;
Firing in violation of oral and written employment agreements;
Firing in violation of labor laws, including collective bargaining laws; and
Firing in retaliation for the employee's having filed a complaint or claim against the employer.

Some of these violations carry statutory penalties, while others will result in the employer's payment of damages based on the terminated employee's lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee, while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.

Do you believe your father-in-laws motives are discriminatory on the basis of race, religion, etc. Probably not so the question is did you have any kind of employment contract, written or otherwise?

Since you are dealing with your father-in-law you will probably be hard pressed to find someone interested in getting involved in you family dispute. If he completely closes down the shop you may have some protection under the WARN Act but generally this protection only applies to larger employers, 100 or more.

Feel free to follow up with additional questions

EPLLAW

Expert:	EPLLAW
Pos. Feedback:	100.0 %
Accepts:
Answered:	1/16/2009

Employment Lawyer

8 years experience in employment law arena, Trial Attorney, Top HR Executive, and General Counsel