In California, employers are required by law to give their employees their final paycheck after the termination of their employment. According to California labor laws, payments should be made on regular paydays or at least twice during each calendar month. Any wages earned between 1st and 15th of the month in question should be paid before 26th of that month. Likewise, wages earned on the 16th day of the month should be paid before 10th of the following month. And if the employee had worked overtime, the employer is obligated by law to add the amount in the next regular pay period. The employer must also pay all the accrued vacation at the time of termination.

When an employee is laid off/fired, he or she is entitled to the final paycheck immediately. On the other hand, if an employee quits without giving notice the employer is bound by law to give the final paycheck within 72 hours. But, if you quit by giving three days notice to your employer, you should have your paycheck on the last working day. However, you’re not entitled to any payments on unused paid sick hours. And in case you have a mutual agreement with the employer to mail the last paycheck, he cannot force you to come to the office to pick it.

What are the unique rules to specific industries?

Film industry

All short-term employees involved in broadcasting or motion picture production should collect their paychecks from the employer the next regular payday. But, if the employees are working under a collective bargaining agreement, alternative provisions on final payments may apply.

Agriculture industry

Seasonal employees who work with canning or drying fish, vegetables or perishable fruits are entitled to payments within a reasonable time not exceeding 72 hours.

Live entertainment

Any employee working at live concert events should collect his or her final pay as provided in the bona fide collective bargaining agreement.

Oil industry

Employers who lay off employees engaged in oil drilling should be paid within 24 hours, excluding weekends and holidays.

Waiting Time Penalties

If you’ve been terminated and your employer has failed to submit the final paycheck, you’re a victim of wage theft. For each day the employer delays the last payment, you’re entitled to collect money as a waiting time penalty on your previous employer. In California, this penalty is calculated by taking the employee daily rate and then multiply by the number of days that remain unpaid (up to 30 days). Even after collecting final paychecks on time, employees may still be entitled to waiting time penalty if they did not receive all compensation.

If your employer has failed to give the final paycheck on time, you should seek the services of UELG (united employee law group) to file a lawsuit against him or her.

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Firing an employee is one of the toughest decisions an employer has to make. However, whether for genuine reasons or not, getting rid of a problematic employee is not as easy as it sounds.

Employees nowadays know their rights and when they are being unjustly fired, they have channels of getting an attorney too. The following outlines the most frequently asked questions about firing an employee.

� Can I or Can’t I Fire an Employee?

In every country, there are laws governing labor practices within all types of industries. Most employer-employee relationships are governed by contracts. This contract outlines the guidelines on how to go about firing an employee.

Mostly, the clause gives circumstances under which the employer can terminate the employee. It is possible to terminate an employee, but an employer has to show substantial grounds for discharging an employee according to the contract in use.

� Do I Give a Fired Employee a Severance Package?

The law is not strict on giving a severance package while dismissing an employee. However, if the employer had promised to do that to the employee, then he/she should honor the promise.

If the contract states that an employer should do so, then the contract should be honored. It’s also advisable to give a severance package if it has been done to other employees in the past.

� What Can My Former Employer Say When Writing My Reference?

The employer should give honest opinions about an employee during his time in the company. These opinions should be based on performance facts and not just any personal feelings toward them based on a past personal relationship with the employee.

� If I Am Terminated Without Notice, and Given Positive Reviews, Am I Rightfully Fired?

If you’re an at-will employee, the employer is not bound by law to give a notice of termination. However, terminating a performing employee without reasons serves a signal that the company is not a secure place to work. In this case, an employee can consult with an employment lawyer and seek to know the reasons as to why he/she was fired.

� When Must My Employer Give Me My Final Paycheck?

Mostly, this varies from one county or state to another. But basically, if you are fired, you must receive the final paycheck before leaving. If you quit, you may receive the paycheck on the next payday.

� What Do I Do If My Former Employer Has Blacklisted Me?

Blacklisting adversely affects an employee in that his name is included in the list of undesirable employees and publishes it to potential employers. If the facts leading to blacklisting are sufficient, then an employee has no legal action to take.

However, if there are no sufficient grounds for blacklisting, employees can seek legal intervention. In some countries, it’s prohibited to blacklist employees, and in others it all depends on the facts at hand.

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Firing an employee might be hard for many employers as it might result in claims for unlawful termination if not well executed. It is important that the employer knows the rights which the employee, who is about to be, fired has. The employee equally needs to know of their rights during and after being terminated from work. In California, there are various regulations that guide how the firing of an employee should be done.

There are frequently asked questions revolving firing of an employee which this article seeks to address.

Can I fire my employee for no reason?

The California federal law requires that an employer gives the employee reasons as to why they want to terminate them. Despite having the “at-will” general rule which gives the employer rights to hire and fire for almost whichever reason they have, the federal antidiscriminatory law prohibits an employer from firing an employee due to their race, sex, age, disability, religion, national origin among others.

Within what time should I give the employee his last paycheck?

In California, the law provides that the employer is to pay the fired employee all sums owed immediately upon termination of the employment. The amount must include accrued vacation time. If the employer delays in making the payment he will face a penalty.

Am I liable to pay a severance package?

The answer to this question is no. However, if the employer had promised the employee a severance package or had made it an office custom to pay a severance package to an employee who is being terminated then they are liable to pay that amount. If an employer voluntarily considers making a severance pay they can make the employee waive any rights to bring a lawsuit against them on matters relating to the termination.

Can I give reference to a new employer?

Yes. An employer can if they wished to. If he has a great reference to make then that will be for the benefit of the employee. However, an employer is not supposed to talk ill of the former employee out of holding a grudge against them. If he has a negative reference to make they must be based on actual events to avoid being sued for defamation.

Should I seek legal advice before firing an employee?

It is not a requirement under California law. Nonetheless, it is advisable for an employer to get legal advice from an expert before terminating an employee. This is to ensure that he does it in a rightful way thereby avoiding any possible lawsuit.

In conclusion, it is evident that both the employer and employee need to know the laws relating to firing an employee in the state of California. This is important so as to avoid lawsuits that might arise after an employer fires the employee which might lead to financial loss.

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Social media presents an unprecedented way for people to share information. Posts are instant, and discussions on hot topics can be started. But with it comes the possibility of having posts that negatively affect businesses, as can happen when the posts expose bad business practices. Or it can happen when employees share complaints about poor work conditions, putting the company in bad light.

What are the employment policies regarding the use of social media in California? 

Seeing the effects that bad use of social media by their employees may have on business, some companies may have rules to curb it. Rules and regulations may involve not allowing employees to use social media during working hours.

Or the company may control what workers post on social media to ensure it conforms with company rules and is unlikely to hurt the business’s image. But companies need to be cautious when imposing the rules, lest they put the business in trouble, in case an employee decides to sue the company over such.

Can an employee be dismissed over a social media post? 

The answer is, yes, it is possible. A majority of states have the ‘at-will’ employment. It means that the employer and employee have equal rights to terminate an employment contract at will. This law gives an employer powers to lawfully terminate an employee’s’ contract based on a post they made on a social media platform. But other laws may still apply which may make such a termination illegal.

What laws may prohibit termination over a social media post? 

A termination based on ‘ at-will’ employment laws may be challenged if: 

• The contract signed between the employer and employee states the grounds for summary dismissal. If termination from posts made on social media is not indicated in the contract, the employee may have reason to challenge the dismissal.
• The labor guidelines issued by the NLRB (National Labor Relations. Board) indicate otherwise. The board issued a statement that seeks to protect employees who engage in discussions involving work-related issues, But the employee has to prove that others contributed to the discussion for the board’s protection guideline to apply.
• If the affected person is a state employee. The First Amendment grants the right to express oneself freely, and employees can use it to argue against a termination they received for expressing themselves on social media. But this right doesn’t legally bind employers in the private sector.

Seeking legal redress in case of termination over a social media post? 

The legality of a termination an employer made on the basis of a media post would depend on various factors; the local laws of the state of California, the clauses contained in the employment contract, and the nature of the post. To decide to challenge the termination or not, the affected employee would need the advice of a lawyer. The lawyer would interpret for them the protection the law offers them, and what laws their employer violated by firing them.

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Wrongful termination California means that employees in the state of California have been laid off or fired for reasons which violate the legal rights that are meant to protect employees. Basically, if wrongful termination statute is violated when an employer is laying off or firing an employee, the law of the state of California allows the employee to file a wrongful termination lawsuit against his/ her employer. This write- up will give you what you need to know about California employment law and how you can benefit by utilizing what it offers.

What Does the California Employment Law State?

California labor laws is a sub- branch of the California employment law and it is meant to cover employees working in different firms or business premises in that state of California. DFEH i.e. Department of Fair Employment and Housing is an organization of the state of California that is responsible for investigating various allegations associated with discrimination of workers in their working environment. Before filing a lawsuit about wrongful termination, the state will require you to file a complaint with the department of EEOC i.e. Equal Employment Opportunity Commission or with the DFEH, i.e. the federal organizations that are meant to investigate employment complaints.

What you Need to Know About California Employment Law if you are an Independent Contractor

The law that protects the jobs of different employees in California does not apply to an independent contractor. However, the law has come out with measures that limit employers to easily classify employers as independent contractors. Basically, the law states that the determination of whether a person is an independent contractor should be based on how the employee is being treated by his/ her employer(s).

The law state that when determining whether workers are independent contractors, employers should examine whether the workers have got control over their own work techniques and if the workers are paid by the tasks they specifically entitled to perform.

Situations Whereby it is Wrong to Terminate an Employee According to California Employment law

* When an employee is having physical disabilities

* When pregnant

* Due to age purposes

* As a result of political affiliation

* Sexual orientation i.e. if an employee is bi- sexual, homosexual, etc.

Last, but definitely not the least, if you’re an employee in any California based company or business, these are a few of the facts you need to know about wrongful termination California. For more information about California employment law and how you can benefit by making use of what it indicates, ensure that you click this website i.e. http://www.california-labor-law-attorney.com/. Thank you.

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If your employer fires you because of any reason which is against your legal rights, then you can file a wrongful termination claim against him. California is an “at-will” state, which means that your employer can fire you without giving any reasons. However, there are a few situations, where firing of an employee will be considered illegal.

If you were fired because of any of the following reasons, then you can sue your employer.

1. Contract claims: If you have signed a contract with your employer, that guarantees you employment up to a specific period of time, then your employer is bound to follow the contract. If he violates any of the provisions and decides to fire you, then you will have a strong case against him. It is not necessary that it should be a written contract. It can also be an oral one.2. Discrimination Claims: As per the California Law, employers cannot discriminate between employees on some specific grounds. These grounds include race, age , sex , disability and many other conditions. A pregnant women also cannot be fired because of her pregnancy. Hence, in case your employer fired you on the basis of any one of the above grounds, then you should definitely consider filing a suit against him.3. Retaliation Claim: You cannot be fired just for trying to enforce your employment rights. For example, your employer cannot fire you, if you complain about certain things like additional office hours or improper payment of wages.4. Public Policy Violation Claims: If your employer asks you to do some illegal activity and you refuse, then you cannot be fired. For example, you may be asked to lie to an auditor. However, this is against the public policy. By refusing, you are actually preventing the occurrence of an illegal act. Hence, the law will protect you in this case.

   5. Other Claims: There are also other situations where you can file a wrongful termination claim. For example, if you were sacked after being sexually harassed by your manager, then you can sue him.

   How to proceed with the case: If you think that you were illegally fired, then you should consult a lawyer and proceed with the case. You will need to gather all important evidence like your employment contract. It is advisable that you act fast without wasting any time. A lawyer will be able to guide you through the entire case and also negotiate a nice severance package. United Employees Law Group can help you out in this regard.

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