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What Employers Can Do With Tough Employment Laws

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How to Fire Employee

Most businesses have fewer than ten employees. Do you have an employee that you have reprimanded and warned many times, an employee that you are considering letting go? If so, we believe we can help you with the difficult task of giving them the pink slip.

Dating back to 1915, employers have included a pink slip with the pay stub notifying the employee of their termination. This practice is both efficient and impersonal. The act of including the termination notice with the pay stub has become seen as impersonal and not conducive to a positive work environment.

Of course business cannot come to a screeching halt because one person must be let go. A business has requirements and needs to fulfill. If an employee is underperforming in key areas, then the best maneuver is to bring someone in with the proper skills and expertise. By removing the inefficient worker, many businesses find their production levels increase, which helps to keep the other employees happy.

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Employers Should Understand California At-Will Employment Statute


A safe, proven way to terminate any employee. Applies to any state including California


Employers operating in California should understand California at-will employment. It's a simple idea, but one that's often misunderstood by employers and employees.

At-will employment is a term applied to any employee who doesn't have a clearly defined contractual employment agreement. It means, essentially, than an employer can dismiss an employee at any time without cause.

If you are dealing with a troubled (or troublemaking) employee, this can be a blessing because without having to deal with difficult employees can be wearing, both to the workplace and the employer.

What is California at-will employment exactly? It's defined as any employment arrangement where there's no contract and either party - that is, the employee or employer - can terminate the employment any time with proper notice.

California At Will Employment Can Be Tricky

Knowing that your employees are at-will employees doesn't protect you from battling through a lawsuit or other attempt by a disgruntled employee to get their job back or receive monetary compensation. Experts suggest several methods to protect the company so there will be as few lawsuits or other legal maneuvers as possible by former employees.

First, be sure that all employees who don't have a contract understand they are at-will employees. Some employment experts even suggest employers have new hires sign an agreement showing they understand this arrangement.

Second, all California at-will employment is just that - at-will. It's important the agreement you have employees sign makes this clear. Unless there is a contract spelling out why and how an employee can be terminated, there is no agreement to that effect. You can let an employee go at any time.

Third, educate your managers about California at-will employment. It's important they understand that at no time should they make any guarantees about employment to any employees. Many employers have managers sign agreements showing they understand at-will employment as well, though this isn't necessary.

If you do have written employment agreements with any employees, make sure the terms of the agreement include their at-will status under the California at-will employment statutes. Also, make sure the agreement does not guarantee any future employment with the company. This is an important step as many employees think if they have an employment contract, they are also protected from at-will firings, and that's not the case. Make sure the employment agreement states this clearly.


How to legally terminate employee under california at-will employment laws.

   
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