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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6804
Experience:  Significant experience in all areas of employment law.
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this is a new question. next year, around May I usually give

Resolved Question:

this is a new question.
next year, around May I usually give a raise to my employees. If I don't give a raise to this employee due to the reasons of insubordination, disparages towards me. will I be sued?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you again for your question.

An employer is free to deny a raise to one employee while raising the pay for others. The only exceptions to this general rule would again be if you were denying this particular employee a raise on the basis of them being a member in any one of the "protected classes" provided for under California Fair Employment and Housing Act (FEHA). Those classes are race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. Additionally, you cannot retaliate against an employee in response to them engaging in lawful, protected conduct, such as reporting a violation in the workplace, sexual harassment, etc.

Aside from these exceptions, an employer's only obligations in terms of providing wages to an employee are to pay them timely for all wages due, and to pay them at least the minimum wage plus overtime, if applicable. Absent an employment contract guaranteeing an employee employment for a specific period of time (i.e. a "3 year employment contract") an employer is also free to terminate problem employees.

Will the employee sue? Nobody can answer that because people bring unfounded lawsuits all the time. The better question is whether, on the facts described, there would be justification to sue, and that answer is almost certainly "no."

Thank you for requesting my assistance. I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. As always, bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Patrick, Esq., Lawyer
Satisfied Customers: 6804
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
This is a new question to legalpro54. Same problem employee. His case was finalized on Dec 21. and he was denied by workers comp. So now he is threatening us. Today, Dec. 29 he told my husband that he will report us to osha for not having rubber mats on our kitchen floor.and why don't we fix the problem in workers comp. he said it's because we said it was a fraud that he didn't get paid. My husband offer him $1,000 to go some where else. He said he wants more. What can we do? to protect ourselves if we did give him the cash what kind of letter should we ask him to write. what words are important in that letter?
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you so much for requesting me to answer your question. It is my pleasure to continue assisting you.

It sounds like what you need is a "severance agreement." A severance agreement is an agreement between an employer and a departing employee which provides the employee compensation in exchange for his or her waiver of all legal claims against the employer. Such waivers are typically enforceable provided the employee knowingly and voluntarily waves their rights. This means that it is generally wise to provide a cursory explanation of the rights that an employee would be giving up by signing the agreement and allow the employee adequate time to review the agreement before signing.

It is also important that the agreement emphasize that the waiver of rights is occurring in exchange for monetary compensation. This is because waiver of rights without compensation will likely be regarded as a void contract for lack of "consideration."

It would be very wise to review several sample agreements and model your own severance agreement after those. Here is a valuable database of sample severance agreements: http://contracts.corporate.findlaw.com/compensation/severance/index.html

Please note that the above are not my agreements and so I can make no representation or guarantee regarding their quality. That said, the agreements should provide you with a very useful starting point in drafting the severance agreement for your problem employee.

I wish you all the best in 2012. Please against bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Patrick, Esq., Lawyer
Satisfied Customers: 6804
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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