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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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We have a financial officer who is out now for pneumonia, she

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We have a financial officer who is out now for pneumonia, she has not been in the office for one week and one day and has one more week to go. However, 1 month before she went out on sick leave, we had a bookkeeper come in and go over the books because our auditor told us that she was "overwhelmed" and could not do her job to adequately provide info for tax returns. We, as a board have created a new office to cover what she does and done away with her position in the company and she is no longer needed, mainly because she cant do the work she was hired to do. We are going to give her 30 days notice or 30 days pay in return for no harm agreement-is this legal?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Is the employee out on FMLA leave or just regular sick leave?
Customer: replied 5 years ago.
she has sent a Dr's report saying she must stay out for another week for pnewmonia-regular sick leave
Expert:  Joseph replied 5 years ago.
In that case, just as with any other at-will employee, she can be terminated at any time for any reason with or without prior notice.

If you are planning on giving her 30 days notice or 30 days pay, I would also suggest that you request her to sign a severance and release agreement, releasing any claims that she may have against you as her employer.
Customer: replied 5 years ago.
I have a CEO who had made a loan of 21,000.00 plus interest to the company, but, as a member of the board and chairman I do not have a copy of the agreement. I do know that we owe the man the money, is he entitled to it on the day that he leaves?

Expert:  Joseph replied 5 years ago.
No, since the loan is not considered wages, he wouldn't be entitled to it the day that he leaves, but he would be entitled to the money when the contract stated that he would be paid back the money, even if the agreement was only verbal and not written.
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