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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37968
Experience:  Retired (mostly)
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I need to ask an employment related question from a lawyer

Resolved Question:

I need to ask an employment related question from a lawyer who is practicing employment and labor in California or is familiar with California Employment law
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

I see that you are requesting a chat -- however, for reasons connected to my professional responsibilies, I cannot accommodate a chat request. Feel free to ask your question in this static format and I will be happy to assist.

Thanks for your understanding and cooperation.

Customer: replied 5 years ago.
My wife owns a dental office. She hired a front desk person and signed a three month contract with one month probationary period. My wife is not happy with the performance of the new employee and there is eight days still left from probationary period . Could she fire the employee without any write ups or any explanation for firing her.My wife is worried that she would have to come up with several prior written notice before firing her employee. She is worried about employee complaining to labor department for not giving her enough notice or enough warnings.
Expert:  socrateaser replied 5 years ago.
Cal. Labor Code 2922 provides that an employer or employer may terminate an employment contract that does not have a specified termination date, "at will," i.e., at any time, for any reason, or for no reason at all (with some exceptions, of course).

A fixed term (e.g., three month) contract for anyone other than a very highly compensated executive is practically unheard of under California employment law (or for that matter, under the law anywhere in the USA). So, I'm not sure why your wife would enter into a contract with any specified future termination date, because it's simply not necessary, and it puts your wife at considerable disadvantage with any employee.

That said, if the employment contract that your wife made permits an early termination during the first month, without cause, then the contract controls, and your wife can terminate the employee immediately. Otherwise, she would be liable to the employee for the remaining wages under the contract -- though she can still terminate the employee immediately.

Hope this helps.

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