Legal Question in Employment Law in California

Our firm fired an employee after two weeks, due to the impression that the employee did not have the skills to succeed in the specific job. Now, after trying out others, we find we were mistaken in firing her. Upon termination, we advised the employee only that "We no longer needed her services." What would the possible legal consequences be to ask her back for further trial, but with the proviso to take classes in the requisite skills


Asked on 1/16/12, 10:25 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I think it is commendable to recognize a mistake was made and the firm is willing to give the employee a second chance. I think honesty is the best policy and by admitting to the employee that the decision may have been a bit hasty and you would like to give her more time to prove herself with the proper training, she may appreciate being given the opportunity and accept it. However, if there is lingering animosity, she may not trust the firm and decline the offer, regardless of how you approach her.

Generally, employers have the right to lay employees off at will. You have not stated any reason to be concerned about any legal consequences for laying off the employee after a two week period. If you believe there are issues to be concerned about, then you should consult with an employment law attorney to review the specific facts.

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Answered on 1/16/12, 10:33 am


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