Legal Question in Employment Law in California

What are the responsibilities of an employer when terminating an employee without prior notice, and what are the legal remedies for failure to comply, etc. ?


Asked on 3/25/11, 10:35 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The only responsibility an employer has is to pay the employee all their wages due on the day of termination. There is no legal requirement that an employer must provide prior notice unless called for by contract or it is subject to the WARN Act.

Read more
Answered on 3/25/11, 11:00 am
Terry A. Nelson Nelson & Lawless

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages.

Read more
Answered on 3/25/11, 1:45 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California