What are some of the most important reviews and termination facts for a San Diego employer to understand and comply with? Does a San Diego employer have to provide a review? Why is terminating a worker such a difficult issue for a San Diego employer?
Do I Have to Give Reviews?
There is presently no law that requires a San Diego employer to provide annual or regular employment reviews. The goal of many employers is to establish a clear and measurable “standard” for employees, and apply that standard to determine those who deserve advancement, as well as those who may need to take steps to improve their performance at work.
The goal of hiring any business employee is to contribute to the success, performance and growth of an organization. While there is no law preventing an employer in California from firing an employee for just cause, it is also a prudent precaution in today’s work environment to be able to document specific incidents, patterns and behavioral issues when an employment relationship is heading toward a termination.
Most employment handbooks and employee policy guidebooks establish the mechanisms for employment review, as well as the mechanisms for measuring performance. Our employment contracts clearly establish job responsibilities, non-compete and trade secret information, as well as expectations for successful employment. An employer is under no mandate or requirement to provide these to an employee, nor are they required to regularly document or review performance or disciplinary issues. However, most employers clearly understand the benefits and protections of doing so.
What Does a San Diego Employer Need to Know About Terminating a Worker
Another of the reviews and termination facts for a San Diego employer is that California has established one of the most legally and risky challenging workplace requirements for employers. The San Diego employer defense attorneys at the Watkins Firm have more than 40 years of experience providing advice and counsel to Southern California and representing them in any dispute or Labor Board challenge which might arise.
We are often asked “If I’m terminating someone on Friday, do I have to pay them on Friday or should we allow the payroll to go through its normal cycle and pay them on the next payday? The simplest answer is California law requires San Diego employers to pay terminated employees on their last day of work, or the day of their termination from your company’s employ. The check must include any accrued vacation, as well as all wages owed through the last moment of employment.
San Diego employment laws can seem quite complex and slanted toward employees. However, at the Watkins Firm we help our business clients to establish clear employment contracts, policies, procedures and handbooks that clearly establish how your company will handle employment, discipline and ultimately termination. The labor laws of California specifies that an employment relationship without “duration” is considered to be “at will”. The term “at will” means in theory a California employer can terminate an employment relationship at any time, for any reason, with or without cause. Reality can be quite a different matter.
Our attorneys have decades of experience and expertise in employment and termination matters, and we will share not only the law, but our practical experience and the results of court cases and verdicts here in San Diego.
A Few of the Reviews and Termination Facts for a San Diego Employer
These are but a few of the reviews and termination facts for a San Diego employer to understand and implement. The practice of being a San Diego employer requires extensive preparation, diligence, documentation and legal guidance to avoid the high level of dispute and financial risk associated with associated disputes. This is why it is so important to work with a San Diego employer defense law firm who will work with you and your organization at every step of your growth, from start-up to rapid growth and ultimately the sale or merger of your company.
We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
