What are the legal requirements for hiring and terminating employees in California?
Legal Requirements for Hiring and Terminating Employees in California:
Hiring and terminating employees in California are regulated by state and federal laws. Employers should ensure compliance with these laws to avoid legal liabilities and lawsuits. Below are the legal requirements for hiring and terminating employees in California:
1. Hiring Employees:
- California Fair Employment and Housing Act (FEHA): Under FEHA, it is illegal to discriminate against employees or job applicants based on their race, color, national origin, ancestry, religion, sex, gender, gender identity, sexual orientation, age, disability, medical condition, or genetic information. Employers must also provide reasonable accommodations to employees with disabilities unless it causes an undue hardship on the employer.
- California Labor Code: The California Labor Code requires employers to provide employees with minimum wage, overtime pay, meal and rest breaks, and workers' compensation. Employers also need to maintain accurate records of hours worked, wage payments, and other employment-related information.
- Immigration and Nationality Act (INA): Employers must verify the employment eligibility of new employees by completing the Form I-9 within three days of hiring. Employers who knowingly hire unauthorized workers may face civil and criminal penalties.
2. Terminating Employees:
- California Labor Code: Employers may terminate employees for reasons such as poor performance, misconduct, or violation of company policies. However, employers must comply with the California Labor Code when terminating employees. Employers cannot discriminate against employees based on their protected characteristics such as race, religion, sex, national origin, disability, etc. Additionally:
- Employers must issue final paychecks to terminated employees immediately, or within 72 hours if the employee quits without notice.
- Employers must provide terminated employees with adequate notice before a mass layoff (50 or more employees within a 30-day period) or plant closure.
- If an employer lays off or terminates 50 or more employees within a 30-day period, or closes a facility, the employer may be required to provide affected employees with written notice under the federal WARN Act.
- Wrongful Termination: Employees who feel they have been wrongfully terminated may file a lawsuit against their employer. Employers should ensure proper documentation of employee performance and termination decisions to defend against wrongful termination claims.
In conclusion, hiring and terminating employees in California require compliance with state and federal laws. Employers may face legal liabilities and lawsuits if they fail to comply with these laws. Employers should seek legal advice from licensed attorneys to ensure compliance and avoid legal risks.