Employment in CA is “at will” which means an employer can hire and fire an employee with or without any reason at any time with or without notice and an employee can leave the same way.
If you have a problem employee the sooner you deal with it the better. The situation is likely to get worse and this employee will probably come up with a work injury or disability or something else you will have to take into consideration as part of the termination.
The main thing to remember is that the reason for termination cannot be discriminatory.
That is, you are not allowed to fire an employee because they are pregnant, female, gay, of a certain national origin or religion you do not like or they belong to any protected class.
You can still fire an employee who is a female (gender) but you cannot fire her BECAUSE she is female.
Checklist: Things to Bring
1. Someone to sit in with you as a witness.
2. A short statement with no follow up such as “its not working out” or “its not a good fit.”
3. The last paycheck including all vacation due.
4. Employment Liability Insurance just in case they decide to sue after all.
|Employee, Witness, Employer|
As an Employer, never fire an employee in retaliation for some protected activity.
Liat Cohen, Esq.
Do you have a similar legal problem?
Liat Cohen has been practicing law in the Los Angeles Area for over 25 years. If you have experienced a similar issue, feel free to contact her for a free initial consultation to discuss how she can help you solve your legal problems.