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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34882
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We have to fire an employee today for a huge error in judgement.

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We have to fire an employee today for a huge error in judgement. However we know she is a good person and we wouldn't object to her getting unemployment insurance. Is it illegal for us as employer to say "it was no longer in the interest of both parties to continue the employeer/employee relationship?

Good afternoon Cristina,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, that is essentially what you will say. The magic language that will need to be provided to the employee, and to EDD if they enquire, is that the termination was by "Mutual Agreement." That will leave the employee eligible for unemployment benefits.

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Customer: replied 3 years ago.

Just confirming this applies to CA laws right?

Customer: replied 3 years ago.

Also, can I get from you any pertinent paperwork for the meeting? Like a resignation letter or confidentiality agreement?

Good afternoon Christina,

Yes, I was specifically giving you CA law.

I'm sorry, but I don'[t have paperwork to give to you relating to the termination of your employee. That would be something that you should already have if the company has ever let an employee go---and in terms of the specialized agreements such as confidentiality or agreements not to solicit employees or customers---that would have to come from your company attorney. That is not something that I can provide for you because I am not your company’s attorney. I'm sorry.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

Thanks again.


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Customer: replied 3 years ago.

Thank you Doug, that makes sense. I'll be sure to bookmark your link.


This is a great service. Will refer to other small business clients with no company attorney.


Best regards,



Thank you so much Cristina!

I appreciate your kind words. Have a great weekend ahead,


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