Legal Question in Employment Law in California
firing a contracted employee
If an employee, who is under a one year contract in the
4th month, is under performing. What are my options in
firing him and not having to pay out his contract? His
performance is a detriment to the company's
reputation, and the reason for his initial hiring was
based on the relieving me of some of the work load.
2 Answers from Attorneys
Re: firing a contracted employee
You may be able to terminate the contract, but doing so poses risks that should be discussed with experienced counsel. CAll if interested. 714-960-7584
Re: firing a contracted employee
Your right to terminate depends on the language of the contract. However, Labor Code Section 2924 provides that an employment for a specific term may be tereminated for a wilful breach of duty by the employee in the course of employment, or in the case of habitual neglect of his duty. In all circumstances, a termination of a specific term agreement will require a substantial paper trail. You must have experianced counsel available to guide you through this matter.
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