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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12921
Experience:  Significant experience in all areas of employment law.
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I am about to fire a par-time hourly paid employee for poor

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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?

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.

Customer: replied 28 days 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?

Customer: replied 28 days 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.

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