How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7134
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have 2 employees who work at my care facility. They have

Resolved Question:

I have 2 employees who work at my care facility. They have a personal issue outside of work and don't like each other. The one is saying she is gonna have the last laugh and she's taking everyone down and gonna make life hard for everyone( we have nothing to do with their personal situation) because the other staff she says is trying to get her kids taken from her. Her attitude sucks and no one wants to work with her. I want to fire her. Can u help me with some advice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. I am very sorry to hear about the difficult situation with these employees.

Fortunately, the laws in this area strongly favor the employer. Absent an employment contract guaranteeing employment for a specified period of time, employment in the state of California is presumed to be "at will." More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other." What this means is that an employer is free to terminate employees for any reason whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of California law.

There is absolutely nothing illegal about firing an employee because they have a bad attitude and/or cannot get along with others at work. All an employer in your circumstance needs to do is notify the employee they are being terminated effective immediately and preferably do so in writing so there is record of it. You need not even state a reason, though in this case since your reason is perfectly lawful there is no reason not to tell the truth.

The main pitfall for employers when letting someone go is that the terminated employee's final wages must be paid IMMEDIATELY--not on the next regularly scheduled payday. (Labor Code 201) Failure to immediately pay a departing employee's final wages will typically result in the assessment of a penalty in the amount of the employee's daily rate of pay for each day the wages go unpaid up to 30 days.

So for example, if an employee who makes $100 a day is terminated on on the first of the month but not paid his final wages until the 20th, he would be entitled to a $2,000 penalty from his employer in addition to the earned wages.

To summarize, as an employer you enjoy tremendous discretion under these circumstances. Since employment is "at will" absent an express agreement to the contrary, you can fire this or any employee for a poor attitude, failing to get along, or just in general causing "drama." You must, however, pay their final wages immediately, preferably by handing them their final paycheck at the same time you hand them their written termination notice.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 1 year ago.
She also told me that she is stressed out with the other staff, and that I should pay for it cuz the other staff is also my employee. . The other staff is doing fine on the job. If I fire her, after I fire her can she file workman comp case because she's now even more stressed without a job than before? I cannot control staff outside the workplace and I also have no proof of the other one doing anything to her. I know is going to try to do some sabotage after I fire her.
Customer: replied 1 year ago.
I am awaiting answer
Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your followup question and please excuse my delay in getting back to you.

If she can prove that she is suffering from a debilitating health condition which she developed as a result of stress and anxiety at work, then she may be able to file for workers comp. However, such claims for emotional damage are regarded with extreme skepticism and rarely succeed. Moreover, you would not pay any out of pocket cost if such claim were successful, since it would be covered by your workers comp insurance.

In short, an employer in your circumstance has every right to terminate this employee. Worker's comp has nothing to do with the legality of termination--all an injured employee needs to do is demonstrate that their "injury" occurred on the job. So, it is at least conceivable that this employee could file for workers comp, though claims for emotional damage do not typically fair well.

Again, please feel free to let me know if you have any further concerns. I hope that you have a very pleasant evening.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7134
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 7 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions