Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We need to terminate any employee who works

Customer Question
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
Show More
Show Less
Ask Your Own Employment Law Question
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: 124,254
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.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,254
124,254 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

MildredWashington, 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 CustomerDenver, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

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

< Previous | Next >

Related Employment Law Questions
Question on ERISA, non-compete and separation agreement.
Question on ERISA, non-compete and separation agreement … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it a violation of the ADA iof a covered person is
Is it a violation of the ADA iof a covered person is "treated the same as other employees"? … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
169 satisfied customers
As an Human Resource and Payroll Manager, are there certain
As an Human Resource and Payroll Manager, are there certain employment laws I should be privy to?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
How can I determine if I am a victim of age discrimination.
How can I determine if I am a victim of age discrimination … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Is it age discrimination when your told to look through the
Is it age discrimination when your told to look through the eyes of a milenimum as your a baby boomer? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
ADA Accommodation, is it something like FMLA Act. Pass to
ADA Accommodation, is it something like FMLA Act. Pass to protect your job and rights, when need Accommodation due to a work injury once FMLA is used up.is there a time limited for ADA Accommodation b… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,851 satisfied customers
My fmla is almost over now im filling for ADA and thay are
My fmla is almost over now im filling for ADA and thay are giving me a hard time we have to see about your position I dontvthink you be able to come back to work because of your surgery. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have ADA accomodation and intermittent fmla. I also go to
Hi, I have ADA accomodation and intermittent fmla. I also go to school and take classes online. I have lupus/arthritis. My doctor said it was fine to use fmla while going to school because of differen… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
What are the age discrimination laws of florida. I have an
What are the age discrimination laws of florida. I have an elderly person working a very physical job that is threatening me on age discrimination when I suggested that we move her to an easier positi… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding possible age discrimination
I have a question regarding possible age discrimination against my employer. I am 61 yrs. old. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,851 satisfied customers
Lawyer needed for Title VII case against the State of
Lawyer needed for Title VII case against the State of Maryland. Civil Rights Commission approved. Supervisor responsible fired in December for fraud (pretext evidence) during investigation. Contingenc… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,254 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have a question about age discrimination in hiring?
I have a question about age discrimination in hiring? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,851 satisfied customers
There is a generous amount of reference to title VII and a
There is a generous amount of reference to title VII and a hostile working environment being valid only if based on age, race, gender, disability, religion, or national origin. But what if you are a w… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x