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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Dear Attorney, In reference to previous question, when

Resolved Question:

Dear Attorney,

In reference to previous question, when I give termination letter to these employees, they will ask for the termination reason. They have worked for about an year now and some of their friends will still work at my store, so If I don't give any reason they will think, I fire for no reason. What shall I communicate?

2. Also, I want to implement a policy that an employee can miss a scheduled shift ONLY for a valid medical reason and they need to produce a medical certificate from doctor when they come for net shift after the missed shift. In current situation, some of employees miss shift at last minute stating "family emergency" reason. These are all high school kids which don't care about business much. What wording shall I include while writing this policy?

Thanks
Kumar
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 8 months ago.
Thank you again for your question.

There is no problem with stating the honest reasons for letting these employees go if you feel the need to do so, as the honest reasons are perfectly legal. If it were me, I would explain it as attendance issues and a failure to satisfy job duties.

A policy such as what you describe with regard to attendance is also generally permissible. I cannot tell you what to write, but I can tell you that such policies are generally worded along the following lines:

Company will permit employees to miss scheduled shifts only for valid medical reasons confirmed by doctor's notes or other means to Company's satisfaction. Company will permit other absenses within its sole discretion. These provisions do not alter Company's freedom to terminate employment "at will" pursuant to Labor Code 2922.

Please let me know if I can be of any further assistance.
Patrick, Esq., Lawyer
Satisfied Customers: 6261
Experience: Significant experience in all areas of employment law.
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