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I and my wife jointly own a c corporation incorporated in…

Hello, I and my wife jointly...
Hello,
I and my wife jointly own a c corporation incorporated in the state of Nevada but doing business in Carson California
so far we are the only employees.
We intend to hire an employee on full time bais.
Can you tell us what all documentation is required to be completed by the employee and employer for this employment and where can I get the correct legal formats of employment letters etc.
I will leave a healthy tip and a great feedback for a comprehensive answer
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Answered in 7 hours by:
8/23/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,308
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.
You would need to obtain employment authorization forms on each employee and file them, the form is called I-9 form (for any links I provide please copy and paste them to your browser and do not just click on them): https://www.uscis.gov/i-9
You also need to have each employee fill out a W-4 form, which is the form used to send to the IRS and for you to determine taxes that need to be taken from each employee: https://www.irs.gov/uac/about-form-w4
You do not generally need "employment letters" or "employment contracts" unless you are in the type of business that you need to have written contracts with employees. However, I do have an at will employment agreement with a non-compete clause I can share with you if you need to have contract employees. Most businesses never have any written contract with employees and there is never much of a need.
Otherwise, those are pretty much the only documents you need to hire employees.
You will need to register with CA Unemployment division and you will need to obtain workers compensation insurance, which is mandatory under CA law even if you have only 1 employee.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 10 months ago
Thanks but don't we need to issue a letter of offer or appointment defining his wages and terms? I d appreciate if you can share one with me
Thank you for your reply.
There is no legal requirement that you issue any type of letter of appointment or any type of job offer letter, as they are not binding contracts, they are simply informal information to the employee. In fact, there is no template for such things because every employer who chooses to use one simply writes down the date of start and the wage that will be paid.
If you want terms and conditions of employment that is not an offer letter or appointment letter, you are wanting to give them a binding contract, which again is not necessary in all employment.
You can choose to use one if you like. I will attach both a offer letter, which is not a contract, and an employment contract in a minute, I have to submit this and then switch to a different format to attach the files.
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Here is a sample offer letter (not a contract): https://resources.workable.com/wp-content/uploads/2015/05/Formal_Offer_Letter_Sample.docx

Here is an at will employment contract with a non-compete which you can remove:

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Customer reply replied 10 months ago
Thanks a ton one last question How do we terminate his employ at any time Do we need to issue a letter orf termination
Thanks for an excellent support
Customer reply replied 10 months ago
Thanks a ton one last question How do we terminate his employment at any time Do we need to issue a letter of termination
Thanks for an excellent support

Thank you for your reply.

No, an employer only has to give notice to an employee of termination. There is no law saying it has to be in writing. It can be verbal, a letter, an email or even a text message, as long as they get notice. You never even have to give a reason for termination, since at will employees can be terminated for no reason at all or any reason not based only on the age/race/sex/disability/national origin and no reason ever needs to be given to the employee.

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Customer reply replied 10 months ago
Lastly is there a mandatory notice period

Thank you for your reply.

No there is no mandatory notice period under CA law (or any state for that matter). You can fire someone the day they show up to work or in the middle of a shift. Also, if an employee gives the courtesy 2 week notice, the employer can terminate immediately and does not have to let the employee work the 2 weeks.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,308
Experience: 20+ Years of Employment Law Experience
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Customer reply replied 10 months ago
Awesome will rate
Thank you.
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