Under California law, employers must provide notice to employees before termination. For employees who have been employed for less than one year, the notice period is at least 90 days. For employees who have been employed for more than one year, the notice period is at least 60 days.
While no mandate requires employers to provide severance under California law, SB 331, signed into law in October 2021, introduced important provisions: Time to Review: You have a minimum of five days to review the severance agreement.
The new rule, which becomes effective March 11, 2024, rescinds the 2021 independent contractor rule issued under former President Donald Trump and replaces it with a six-factor test that considers: 1) opportunity for profit or loss depending on managerial skill; 2) investments by the worker and the potential employer; ...
Written notice must be given immediately to employees of their discharge, layoff, leave of absence, or change in employment status. This sample notice (PDF) meets the minimum requirements.
On February 21, 2023, the NLRB issued a decision stating that the language of typical Confidentiality Clauses and Non-disparagement Clauses are illegal because they infringe on an employee's right to organize (form a union) or help other employees organize.
Non-waivable claims: Certain claims, such as workers' compensation and unemployment insurance claims, cannot be waived by the employee. No prevailing party and attorney's fees: Ensure that the agreement does not include provisions that would allow either party to claim attorney's fees if legal disputes arise.
All contracts are enforceable, but written agreements are more reliable. The written document provides a paper trail that clearly explains what both parties agreed to. It also acts as evidence if an employer attempts to require an employee to agree to or perform illegal actions.
All contracts are enforceable, but written agreements are more reliable. The written document provides a paper trail that clearly explains what both parties agreed to. It also acts as evidence if an employer attempts to require an employee to agree to or perform illegal actions.
Termination of Employment. Also referred to as a separation from employment, a termination can be voluntary (the employee's decision) or involuntary (the employer's decision).