California Employment Law
California Employment Law Questions Answered by Legal Experts
I see where I might have mislead you, my apologies. In another situaiton 6 months ago my boss did not want to go to HR and it was an issue against another employee that reports to me. It did not involve me at all, it was another manger in the office she worked with. I asked him why he did not want to go to Hr and he said becasue it was so Final.
In this situaition he did ask me if I want to go to HR and gave me that choice.
My only fear is that she will then say all the stuff that she has said about me to HR and there has been a person on one occasion that called me a micro manager. I have always been a fan of our HR department, I think it is their job sounds like you would take that route and let them handle it? Is that correct?
I absolutely would let HR handle the situation. As a veteran of a DJIA 30 corporation, my experience is that not following the process is the fastest way to the exit (unless you're a duly appointed corporate officer, or member of executive management -- or someone else who is not an "at will" employee). There are all sorts of "gotchas" here: unlawful discrimination, breach of implied contract, pissing off some other department head, various written legal notices required by California and federal law (EDD brochures and notice of change in employment relationship [Labor Code 1089). COBRA continuation coverage notice; ERISA retirement plan notice, final paycheck must be tendered to any nonexempt hourly employee immediately at notice of termination, etc., etc.). Some of this won't have any relevance to the employee whose only been with the company for 30 days -- but for the other employee, messing up some of the notice requirements can create liability for the employer -- and that will definitely blow back on you. Hope this helps.
I see that is why I hired you!
My bosses suggestion was that we talk to her first and just give her a warning and not get HR involved and then if it happens again we would at that time get them involved.
He said he got that from his attorney that he has on retainer so it does not make me the bad guy?
That has been my thought exactly since he seems so scared of HR.
As I mentioned, an employee said I was a micromanger and demeaning. That is what he told me, I have no other facts other then he asked if I would accept some additional managers training and of course I said I would.
Maybe he is protecting me from HR if I tell them she is gossiping about me and complaining about those things they might side with her. Of course I have this new employee that has only been here for 30 days that disagrees with her and sees she is the problem.
I agree, you have been very helpful thanks so much. That has always been my rule and I have never had any issues in my 30 year career until now.
In California, is it true you must verbally warn someone, then give an employee a written warning before termination? I know CALIFORNIA has extra rules then any other state?
thanks you have been most helpful!
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