Fixed Term employee – with At-will agreement California

UPDATED: Sep 30, 2022

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Fixed Term employee – with At-will agreement California

Hello, I was recently hired 3 months ago by an
employer who hired me on for a Fixed – Term of
1 year as stated in the offer letter. I also signed
an At-Will agreement . Side note- I’m in
California. If my employer decides to fire me
does my fixed term contract grant me
severance for the remaining unworked
months? Or does the At-will clause override the

Asked on October 20, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you signed an at-will agreement, that will control, especially since the norm or default is that employment is employment at will unless specifically made otherwise by a clear, unequivocal, uncontradicted written agreement to the contrary. Given the presumption of at-will employment, signing an at-will agreement means that your employment would indeed be at will, and you can be terminated at any time, for any reason, without severance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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