Employment Law

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We have an employee that signed a part-time or temporary…

We have an employee...

We have an employee that signed a part-time or temporary employment agreement. The agreement states that this employment is an at will-employment that may be terminated by either party, without cause, with two weeks advance written notice to the other party.

Lawyer's Assistant: Have you discussed the termination with your HR staff? Or with a lawyer?

If new want to terminate the agreement all we have to do is write a letter letting the employee know that we no longer need his/hers services right? Do we need to schedule that employee for the next two weeks. Are we obligated to pay them? Are there any other procedures we need to follow?

Lawyer's Assistant: Is your employee "at will?" Does she belong to a union?

No union. It's a small business only 5 employees yoga studio/wellness center

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are located in Los Angeles, California

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Answered in 4 minutes by:
3/23/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

All employment is "at will" in California by default, though of course it never hurts to put that in your employment contracts as well. To terminate an at will employee all you need to do is let them know they are terminated and pay their final earned wages, plus any accrued vacation or PTO on that same day. It's really that simple. Ideally there should be some written documentation of the termination, so it helps to followup with a confirming email or letter if you terminate the employee in person or on the phone. There is no obligation to schedule them for any period of time after you let them know they are fired. No advance notice of termination 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.

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Customer reply replied 4 months ago
I do have another question. In California a LLC corporation with 5 employees has to offer a retirement plan to their employees by law?
Customer reply replied 4 months ago
Through my trial period I am paying $36 for the response you gave me plus another $59 for calling you or is $59 the total amount I have to pay for the whole conversation including the typed response

My apologies but I am just an attorney who answers questions here, I do not have any information about billing or pricing.

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Customer reply replied 4 months ago
Cancelled phone request.
No more questions at the moment

As to your second question, CA did pass a new law requiring employers of 5 or more to offer a retirement program, but the law will not apply to employers of 5-49 employees for several years still.

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You can read more about the program here.

If there is anything else I can do for you, just let me know. It's my pleasure...

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Customer reply replied 4 months ago
That is very helpful! We have been told that there are required trainings we must have for our type of business. Our business is a yoga studio/wellness center. All instructors and practitioners are independent contractors, we only have 3 part time employees and 2 salary employees that are in charge of administration, bookkeeping and front desk duties. All clerical work.
Is that true. How do we know we are obeying all OSHA requirements.
Can you please let me know

Thank you for your reply.

I apologize if this was not clear but Just Answer works on a "per question" basis. I try to bend these rules when I can and to answer related followup questions, but when we move on to a new subject a new question thread is supposed to be opened up per site rules. This is also out of fairness to the attorneys who choose to answer questions based on the time they anticipate it will take to answer a particular question. I do hope you can understand. Certainly if there is anything I can clarify regarding your original question I am happy to do that here. Otherwise, I would be very happy to assist you in a new question thread.

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Customer reply replied 4 months ago
Thank you for all your help! I will place a new question.

Thank you very much for your understanding.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified
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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).

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