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Discipline & Termination Q&A
2011 Summary
Making Disciplinary Decisions
What are the guidelines for proper suspension of exempt, nonexempt employees?
Must my disciplinary process always be a verbal warning, a written warning and then a suspension?
Making Termination Decisions
May I terminate an employee for absenteeism?
We're planning a layoff. What are the issues we should consider?
Should we keep using a 90-day probationary period to protect ourselves from wrongful termination lawsuits?
May I fire someone for complaining about working conditions?
May I fire someone based on at-will status?
We had to lay off several employees in the last few months but now we need to hire on several employees. Do we have to rehire the same people we let go?
We are terminating a problem employee today. Do we have to give him/her a reason?
Avoiding Wrongful Termination Lawsuits
Can I fire someone while they are on workers' compensation?
Can I terminate someone for being incarcerated?
In California, if an employee does not call in or show up for work for three days in a row, does that meet the legal definition of job abandonment?
Can I terminate an employee for being on Megan's List?
We need to lay off the employees in our surveying department, but one of them is on Family and Medical Leave Act (FMLA) leave to bond with his new baby. Do we have to hold his job open for him?
Final Pay
Do I have to provide terminating employees with a HIPP Notice?
Am I required to provide a written termination notice for the UI program?
What may I do about employees who fail to return company property when they leave my employment?
Is there a process to follow when an employee gives notice but is let go at once?
If a salesperson leaves my company, when are their final commissions due?
An employee will be terminated tomorrow morning upon arrival; do I have to pay anything?
Do I have to give severance pay when I fire someone?
When is a final paycheck due, and am I required to mail it?
May we deduct new hire sign-on bonuses from a final paycheck?
How long do I have to provide a final paycheck?
We have an exempt employee who is being discharged tomorrow, so what issues am I faced with in regard to final pay?
How do I factor bonuses into premium pay for terminated employees?
How do we handle final pay, equipment return for terminated exempt employee?
What happens if a final paycheck doesn't get to an employee on time?
Does an employee need to be present to be fired?
If I know I'm going to suspend or terminate an employee, should I have the employee report to work anyway?
Is it true that if an employee authorizes a deduction in writing at the time of termination, negative vacation/PTO can be deducted from the final paycheck?
When are commissions due discharged employees?
I suspended an employee and now I want to terminate her. If she comes in and is terminated during a brief meeting, how much reporting time pay do I owe her for that meeting?
Employee Notices
What happens if I do not follow the requirements of the WARN Act?
What are common mistakes when dealing with layoffs and plant closings?
Does California law exclude any employees from state WARN Act protection?
What trigger events require my company to comply with state and/or federal WARN Act provisions, and which are most open to court interpretation?
Some of the employees we plan to layoff are union workers. Does the required notice to the collective bargaining representative fulfill my responsibility to notify union employees?
How do I avoid discrimination claims when planning a layoff?