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california employee termination

Terminating employees in California can get tricky - you need to remember the rules about exit interviews, final paychecks, employee references, and more.

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Recent Posts
  • Blog Post: 5 Reasons You Must Get the Employee’s Explanation

    Yesterday , attorney and trainer Allison West offered her "4 Serious Sins of Documentation." Today, her take on employee explanations, plus an invitation to join her at an informative, in-depth conference — specifically for California employers — in Berkeley next week. It's...
  • Blog Post: The 4 Most Serious Sins of Documentation

    Rule number one in documentation, says attorney and trainer Allison West, is to include all the details, but you have to ignore that rule because of rule number two—be concise. When doing your documentation, it's important to offer up all the facts, says West. Paper is cheap, she adds. However...
  • Blog Post: How To Implement Progressive Discipline

    Progressive discipline is a multi-step process. Today, we'll look at how to properly implement it, and the need for proper documentation. The usual steps are first oral and then written warnings, followed, if need be, by suspension without pay and finally by termination. Supervisors need to learn...
  • Blog Post: Progressive Discipline: What Supervisors Need To Know

    You can't ... and you shouldn't want to ... just terminate problem employees. There's a better way. Here's how to train on it. Attendance problems. Poor job performance. Safety violations. Abuse or theft of company property. If you've got problems like these at your workplace, you're...
  • Blog Post: Why Stopping Retaliation at Work Is So Tricky

    Adam worried that a dangerous chemical was being used without proper protection, and he reported it to Cal/OSHA. His boss, Stephanie, was not happy. "Adam's wrong," she said. "There's nothing unsafe about our process. And I'm miffed he didn't come to me first. I guess he's...
  • Blog Post: Dealing with “Termination-Resistant” Employees

    "I want to fire him, but I can't." It's true that some employees are "fire-retardant"— they are in a protected class or have performed a protected act — but this doesn't mean you can't fire them. However, you do want to slow down and be sure that you aren't...
  • Blog Post: Why You Need To Get Your Story Straight – Always

    What's one of the hardest wrongful termination lawsuits to defend? The one where the "story" of the termination is inconsistent between HR, the manager, and the documentation. Here's an example: The employee's performance is poor enough that he or she has to be fired. But the supervisor...
  • Blog Post: Time To Terminate? Not Just Yet…

    Managers always "want to get it over with" once they've decided they want to fire someone. That's no surprise, but HR can't let it happen. Step back and assess the whole picture before acting. Yesterday , we covered the critical termination policy issues that you must address. Today...
  • Blog Post: Don’t Terminate Without the Right Policies

    Terminations — where the rubber meets the road in HR. The most angst, the most tears (or screams), and the most lawsuits. Your terminations policy is critical. Today, courtesy of BLR's SmartPolicies ® program, we'll review the key elements your policy should cover. Compensation, Benefits...
  • Blog Post: Liar, Liar: Dealing With Dishonest Employees

    When is it OK to fire a dishonest employee? Below, some points to consider before you take action. No one would dispute the fact that you have a right to expect your employees to be honest. You also have the right to fire the dishonest ones. Below are some important points to convey to your supervisors...
  • Blog Post: The Right Way To Respond To Employees Who Threaten Violence

    " Yesterday , Dennis A. Davis, Ph.D., talked about dealing with workplace conflict. Today, we'll get his take on reacting to anger and violence, and we'll get a look at a unique program for the small (even one-person) HR department. Sometimes people think anger leads to violence, so they...
  • Blog Post: 6 Essential Guidelines for Harassment Response

    It doesn't matter if your workplace is inherently prone to harassment, or even if the harassment is by someone other than your employees — either way, you're required to investigate and correct the situation promptly. Here are 6 essential guidelines for harassment response. Responding to...
  • Blog Post: What Happens When Harassment Is “Part of the Job”?

    Some jobs are just more inherently "harassment-prone" than others — being a Hooters waitress comes to mind. But a recent case shows that even employers in these types of industries have a duty to take prompt corrective action. In Turman v. Turning Point of Central California Inc ., recently...
  • Blog Post: Dos and Don’ts for Smart Harassment Investigations

    Yesterday , attorney Julie A. Moore offered some tips for initiating a harassment investigation. Today, her dos and don'ts for investigators, plus an introduction to a cost-effective A.B. 1825 training solution. Moore, who is president and founder of Employment Practices Group, offers the following...
  • Blog Post: Harassment Allegations Require Immediate Action

    As soon as an employee comes to you and says, "I'm being harassed," you need to address that allegation immediately. It may be that no harassment has actually taken place, but it's your job to launch a prompt, thorough investigation to find out. According to Julie A. Moore, Esq., president...
  • Blog Post: More Reasons Employers Get Sued

    Yesterday , we looked at the top 5 of a "hit parade" you want no part of: The most common reasons employers get sued. Today, we run down the rest of the list. Here are numbers 6-10 on the list of attorney Peter Janus, a partner with Siegel, O'Conner, Zangari, O'Donnell & Beck (for...
  • Blog Post: The Top 10 Reasons Employers Get Sued

    Get on this list of "Top 10 Hits," and you may be the one who takes the hit! If you think the music business is the only one with a list of "Top 10 Hits," think again. Employment lawyers have one, too. According to attorney Peter Janus, a partner with Siegel, O'Conner, Zangari...
  • Blog Post: New USSC Retaliation Decision = Bad News for Employers

    The U.S. Supreme Court has just ruled, in an 8-0 decision, that retaliation claims aren't limited to the employee who actually engaged in protected conduct. The case, Thompson v. North American Stainless , involved a woman who filed a sex bias charge against her company. The company then turned around...
  • Blog Post: Misconceptions About Sexual Harassment - And a Solution

    Meta-Description: Yesterday , we looked at 3 common myths about sexual harassment that can prove very costly to your company. Today, we look at 3 more, as well as a cost-effective training resource that meets all of your requirements under A.B. 1825. Click here for Myths 1-3 Myth #4: Sexual harassment...
  • Blog Post: Dangerous Myths About Sexual Harassment

    While it seems like managers should have gotten the message about sexual harassment by now, many are still confused. And that confusion can mean big potential liability for your company. Here are the facts about some of the most prevalent myths. Myth #1: Harassment is something supervisors do to subordinates...
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