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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7649
Experience:  Significant experience in all areas of employment law.
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Dear Attorney, I won and run an ice cream shop in California.

Customer Question

Dear Attorney,
I won and run an ice cream shop in California. Out of my 10 part time employees, 2-3 employees frequently apply for leaves as they have family trips/outings. This disturbs my whole schedule as I need to find replacements. They do job just as a fun/side thing and don't do for financials reasons.
Due to their regular time off requests, I plan to terminate their employment and hire people who are really looking for job.
1. is regular time off and unavailablity due to family trips a valid reason for termination? Could they file a law suit against my store for such termination?
What do you suggest in this situation? I have already cut down their hours to 2 shifts.
Thanks
Kumar
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Kumar,

Thank you very much for your question, it's good to hear from you again.

Termination for the reasons you describe would be perfectly legal. If you had 50 or more employees, the Family Medical Leave Act might require you to permit employees to take protected time off work if it was to care for a family member that was suffering from a serious health condition. However, not only do you have less than 50 employees (and therefore the law is inapplicable), but you indicate these employees are taking time off for family "trips/outings." That would not be protected regardless of the size of your business under any law.

If you want to fire the employees, there are two important things to keep in mind. First, it should be done in writing, so there is record of the termination. Second, you must pay the employees their final wages immediately upon letting them go. Since you don't need to give a reason to fire an employee, you should also keep the termination notice short and to the point--"Your employment is terminated effective immediately" is all that would be required.

As always, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Best wishes and enjoy your weekend.
Patrick, Esq., Lawyer
Satisfied Customers: 7649
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.