05/28/2026
At-will employment does not mean what most California cannabis employers think it means.
At-will means you can terminate without a stated reason. It does not protect you from claims that the termination was retaliatory, discriminatory, or part of a pattern that created an intolerable work environment.
Where operators get exposed:
▪️ Termination follows a protected complaint — wage issues, safety concerns, discrimination — and the employee asserts retaliation
▪️ Working conditions deteriorate after a complaint and the employee resigns — this is constructive termination, and it carries the same exposure as a wrongful termination claim
▪️ Discipline was applied inconsistently across employees — this creates disparate treatment exposure regardless of at-will status
The best protection is documentation that exists before any dispute arises. Clear role expectations at hiring. Consistent written performance reviews. Documented disciplinary records. Signed acknowledgment of policies and procedures.
If your HR program is not built to support a defense, now is the time to build it.