California is an at-will employment state. The employer-employee relationship is presumed to be fully voluntary. Either party may terminate it at any time and for any reason —
except for an illegal reason. However, in practice, terminating an employee can be complicated. There are significant risks inherent to employers in California.
Lynnette Ariathurai is an experienced employment law attorney for employers. With extensive experience providing legal support to employers, we have developed a comprehensive, systematic checklist that employers can rely on when terminating employees. Contact us today to set up a fully confidential, no obligation consultation with a top California employee termination lawyer.
Although California is an at-will employment jurisdiction, the state puts some of the toughest burdens on employers in the country. In California, employers are required to do several different things when they terminate an employee. Some examples include:
Beyond state and federal regulatory requirements, there are also other steps that California employers should take when terminating an employee. Any employee that is fired or laid off could potentially file a wrongful termination lawsuit. Indeed, an employee who does not have a valid claim could still take legal action. No employers want to deal with the time and hassle of facing such a claim. Employers can reduce the potential of facing a claim and the risk of being held liable for wrongful termination or other legal violations with a proactive, well-planned approach.
The Bottom Line: Employers that do not take a proactive and systematic approach when firing an employee or laying off an employee could face a liability risk in the form of a wage and hour claim, wrongful termination claim, or another type of legal action.
Terminating an employee is complicated. You do not have to figure out everything on your own. As an experienced California employment law attorney for employers, Lynnette Ariathurai can provide legal help in reducing the company’s risk. Our core goal is to help you put together a comprehensive and systematic plan so that you can make appropriate personnel decisions without putting any undue legal or financial risk on your company. Speak to an employee termination attorney before acting.
Lynnette Ariathurai has the skills and experience to handle all types of employee termination matters. Call us now or contact us online to arrange your strictly private initial consultation. We advocate for employers in Fremont near Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, Santa Clara, and throughout the entire Bay Area.