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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7105
Experience:  Significant experience in all areas of employment law.
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"I have placed an employee on probation (for the umpteenth

Resolved Question:

"I have placed an employee on probation (for the umpteenth time) for repeated defiance and yelling at customers on non-safety issues. How long can I keep him on probation with a view to terminating him the next time he screws up?"
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good morning and thank you so much for your question.

Unless this employee has a contract which guarantees their employment for a pre-determined length of time, the default presumption in California is that their employment is "at will." (Labor Code 2922)

At will employment can be terminated by employer or employee at any time, regardless of whether the basis is fair, reasonable, or adequately supported by instances of misconduct. So, the answer to your question is that you can keep this employee on probation for as long as you desire (there's no law against doing that) and would be free to terminate him at any time.

It sounds like this particular employee is highly detrimental to the operations of your company, so it would likely be better to get rid of him sooner rather than later. There is no law that prohibits you from firing him now due to poor performance (again, assuming no guaranteed employment term), and all you need to do is provide notice of termination, which should ideally be done in writing. Something to the effect of the following is all that's required:

"Company hereby informs you that your employment is terminated effective immediately."

You can state a reason if you desire, but no reason need be given. Be sure when you do fire the employee that you have their final paycheck ready to give them immediately, as CA Labor Code 201 requires the immediate payment of final wages when an employee is fired.

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, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 7105
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Did you get paid and tipped properly for this?


 


John

Expert:  Patrick, Esq. replied 11 months ago.
I did. Thanks so much an enjoy your weekend.
Customer: replied 11 months ago.

Good. You were very helpful.

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