San Diego Law Review

Library of Congress Authority File


Document Type



This Article examines the varied and inconsistent results of California wrongful discharge case law and proposes a statutory alternative to discharge litigation. The author proposes a statute that avoids the question of "just" versus "wrongful" discharge by establishing a "no-cause" discharge option for employers and employees. The author argues that such an option would allow the employer to terminate the employee, without cause, upon payment of a statutorily calculated discharge payment, thereby addressing the interests of the at-will employee as well as the right of the employer to terminate at will.