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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Probably need to terminate our HR Manager. We have reasonable

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Probably need to terminate our HR Manager. We have reasonable cause based on confidential information leaks but may not be able to prove in court if he were litigious. Everyone here is "at will."

Should we give no reason, or better to say it is for economic reasons; company is under severe financial stress. If we were to say it is financial and he were willing to take another pay cut, we wouldn't lose "the cancer" that causes so many issues in the company.


I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

You can terminate your HR manager at any time for any reason with or without any prior notice since he is an at-will employee.

However, you would want to inform him of the reasons for the termination if you want to ensure that you are not liable for his unemployment benefits, as you do have good cause for his termination.

Regardless, he wouldn't have any cause to sue you, since he can be termianted for no reason or a bad or false reason, so you don't have anything to worry about if you choose to inform him of the reasons for his termination.

If you have no issue with being liable for his unemployment insurance benefits, you can simply inform him that he is being laid off, and you don't need to provide him any further information.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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Thanks and best of luck!



Customer: replied 3 years ago.

Joseph, thank you for the response!

Seems we might have a problem calling it a layoff if we then hire someone else to pick up all/part of her skills, or even stretch for a special candidate and call the new person "HR Manager."


What say you?

Hello Jeff,

No, that's perfectly fine. Again, you can terminate an employee at any time for any reason. You don't have to give a reason, just inform him that he's been terminated.

Regardless, there's absolutely nothing he could do if you hire someone to fill his position immediately after his termination and call it the same thing, due to the employment at-will doctrine.
Customer: replied 3 years ago.

So... to be clear, does it matter whether we call it a layoff and then, in essence change our mind and hire someone else with the same title?

Thank you!

Hello Jeff,

No, it doesn't matter at all. You can give any reason you wish for the termination.
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