California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello and thank you for entrusting me to answer your question.Under the federal WARN Act, an employer with at least 100 employees that lays off at least 50 during a 30-day period must either give 60 days notice of the lay off or pay 60 days wages. Otherwise, there is no law, either state or federal that requires an employer provide any severance at all. The decision to provide severance would be motivated purely by the emplmoyer's desire to obtain a release of the employee's right to sue (typically offered in exchange for any severance money), and the desire to obtain such waiver is a function of whether the employer believes they are potentially exposed to a discrimination lawsuit, contract dispute, or some other legal action. In most instances, however, where an employer quits or resigns the employer does not offer severance of any kind.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Very best wishes to you.
Is an Independant Contractor considered an Employee? She worked for my Company for 12 years, 11 as an Independent Contractor and 1 as an Employee on payroll.
Can you resign without notice? If I was to give her some money for a job well done, would that be a conflict, or wouldit be better to leave it alone.
My Company has paid her last paycheck plus a check for vacation and sick day's. At this point, My Company is clean with her financially. She is still insisting severance pay, even thoughshe resigned.
New question. An employee with held mail from my Company. It was one of his jobs to pick up the mail at my Company's PO Box. By going through his desk, we found unpaid bills to UPS Freight. We called them, paid the bills and asked why they did not notifiy my Company, that we were in collections, They said they indeed notified us via mail.
I approached my employee about this and he said he knew nothing about what I was talking about. His wife, that was my bookkepper at the time, was responsible for paying the bills.
I had him sign that he did not with hold my Company's mail. He signed it and stormed out the door, never to return.
He is now trying, just under a year later, to collect unemployment, stating that he was assaulted and filed a police report??? I have never heard any thing about his doings.
Big question is: with holding mail a crime?
Kim Manley Herbals