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We need to terminate any employee who works

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for our (California-based) company remotely...
We need to terminate any employee who works for our (California-based) company remotely in Indiana. We do not have any corporate set-up in Indiana like payroll, workers' comp, or anything. This was something that was completely missed.IF we terminate her, do we have any potential liability for not being set up appropriately as a corporation or employer in Indiana?Also, is there specific release language we can include in our standard Separation and Release Agreement that would cover us from most potential future claims, including known and unknown?Thanks.
Submitted: 2 years ago.Category: Employment Law
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Answered in 14 minutes by:
1/31/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,685
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have no contract with them, they are at will employees and you need no reason to terminate them. You will need to pay unemployment and they have the right to file unemployment in CA if that is where you were paying their unemployment. If they were remote employees working for your CA company, you would not have a problem with not being registered in IN, but you do have to make unemployment in CA available to them
The standard separation agreement would include a clause that states they "release you from all claims that legally may be waived, including but not limited to claims under the ADA, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, ERISA, FMLA, Title VII and any other statutory claim that the law allows the employee to waive, known to the employee at the time of signing this agreement and also unknown to the employee."
That would go in your severance agreement. They cannot waive unemployment, so you need to assist them in filing their claims with CA Unemployment as interstate claims.
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