California Employment Law

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California Employment Law
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I am about to fire a par-time hourly paid employee for poor

performance detrimental to our business...
I am about to fire a par-time hourly paid employee for poor performance detrimental to our business. He is a 60 years old male. There is no contract.
Do I pay any past sick days? What is the legal procedure?
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Answered in 14 minutes by:
9/19/2017
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,182
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Were these true "sick" days or were they usable for personal time off, vacation, and things of that nature, too? I very much look forward to helping you on this matter.

Ask Your Own California Employment Law Question
Customer reply replied 2 months ago
No, I thought CA law allows a certain amount of sick days and perhaps redeemable if they did not take them after being fired.The basic question: What do I do legally to let go a 60 year old part-time employee so I don't get sued.

Thank you for your reply. However, it does not really answer my question. My question is whether this employee was allowed to use his paid sick days for anything other than actually being sick?

Ask Your Own California Employment Law Question
Customer reply replied 2 months ago
No, I never had a discussion with the employee allowing him to take off sick days without being sick.

Thank you. The answer to that question is important because an employer has no obligation to pay a departing employee their accrued but unused sick days UNLESS those sick days are used for all purpose leave, in which case they are not merely sick days but rather "PTO" days. The law treats PTO as a vested benefit which must be paid upon separation of employment, but it does not treat sick days in the same way.

In terms of terminating an employee under these circumstance, it is generally best to inform them verbally and in writing. The law does not require you to state a reason, but if you desire to do so you can explain that it is due to subpar performance. You need to pay all final earned wages immediately upon separation of employment. This is all that is required.

I hope that you find this information helpful. 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 moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,182
Experience: Significant experience in all areas of employment law.
Verified
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Patrick, Esq.
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Category: California Employment Law
Satisfied Customers: 13,182
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Experience: Significant experience in all areas of employment law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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