Legal Question in Workers Comp in California

I have an ice cream business and hired a new guy 4 weeks ago. He has been very late 3 times and he is just not doing a good job. Can I fire him? What is the law so I don't have to pay unemployment for him?..


Asked on 8/12/11, 4:05 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can fire him for being late and incompetent; technically your rates do not go up if there is good cause for the termination. Offer him the opportunity to resign so that there will not be a record of his being fired, and if he will not do so then carefully prepare a letter of termination detailing the basis for the firing. Even if he is able to collect umemployment insurance benefits, it will be cheaper than keeping him on the job. In the future, hire with an explicit probationary period and keep detailed records.

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Answered on 8/16/11, 9:39 pm


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