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View Full Version : Firing Employees/Other questions California


bosh
11-19-2007, 12:08 AM
I work in the fast food industry and wanted to protect myself from paying unemployment to those I might fire pretty soon.

What was recommended was to write up the employee if they're late or other types of unsatisfactory behavior and at the bottom write "This may be terms for termination" and to have the employee sign it.

Would that be good enough to protect myself or are there better ways?


Also, there is an employee whose wife has just had a baby and attempted to take a "paternity" leave. I asked him what the reason was and he explained that his understanding was that he could take a leave for a few weeks/months and get paid. I told him I'd get back to him, but I have no idea. Is there such a thing for a male? If so, would they get paid?


Lastly, I have an employee who acts like she knows everything and is pestering me quite a bit. She told me that if I had somebody working a closing shift, which ends around 12:30 AM, that I couldn't schedule them until 8 hours later. Which would mean I couldn't schedule them for an opening shift, which starts at 6 AM. Is this true? She has been indirectly threatening me saying that "if somebody" wanted to I could get into trouble...

JayW
11-19-2007, 02:42 AM
I work in the fast food industry and wanted to protect myself from paying unemployment to those I might fire pretty soon.

What was recommended was to write up the employee if they're late or other types of unsatisfactory behavior and at the bottom write "This may be terms for termination" and to have the employee sign it.

Would that be good enough to protect myself or are there better ways?


Also, there is an employee whose wife has just had a baby and attempted to take a "paternity" leave. I asked him what the reason was and he explained that his understanding was that he could take a leave for a few weeks/months and get paid. I told him I'd get back to him, but I have no idea. Is there such a thing for a male? If so, would they get paid?


Lastly, I have an employee who acts like she knows everything and is pestering me quite a bit. She told me that if I had somebody working a closing shift, which ends around 12:30 AM, that I couldn't schedule them until 8 hours later. Which would mean I couldn't schedule them for an opening shift, which starts at 6 AM. Is this true? She has been indirectly threatening me saying that "if somebody" wanted to I could get into trouble...

Take into concideration passed performance of the employees. If all of the sudden, 10 pink slips apear, with really no priors, then chances are good that an angry employee could give you at least a little hell on their way out. Depending on the company policy concerning how employees are fired, you might concider just plain letting them go.

California is an at-will state, technically you can be fired at any time. The problem of course, is that so many people in CA are highly paid, that they can afford to sue if they do get fired. As a result, employers tend to be a little punchy about firing for cause unless there is a specific contract in place.
reference=http://www.city-data.com/forum/california/184565-employment-laws.html

Its certainly a scary thing to let an employee go, but just be sure you are doing it for the right reasons. If done this way, then you can clearly answer and formal questions that could arise from letting them go. Also concider that if the employee has felt pressure from you in any way that would make them feel like you let them go for any other reason than you letting them go, then there is yet another thing they could possibly persue.

Just remember:

People = sue happy

and

People = revenge

Not to say that they will hurt you physically, but they might try to take you down with them. I have seen it happen. Just be careful. :)

Pattymd
11-19-2007, 04:15 AM
Paid Family Leave in California may be available; it's funded solely through SDI deductions, and the employee can contact the Employment Development Department for further information. PFL is not job protection, however; are you subject to the FMLA and, if so, did the new father meet all the work requirements?

California is a very employee-friendly state when it comes to UI.

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