What Is the New Law for Severance Agreements in California? California's “Silenced No More Act” began in January 2022 and impacted severance agreements by prohibiting employers from including non-disclosure and non-disparagement clauses where it relates to harassment, discrimination, and retaliation.
Generally, you do not get a severance package if you are fired ``for cause'' (from drug use, workplace violence, sexual harassment on one end to chronic tardiness or talking on the phone on the other).
You are generally an at-will employee, if you are terminated for an unlawful reason it can be a wrongful termination, you are entitled to a final paycheck, you are entitled to a notice period before certain mass layoffs, and.
Sometimes, a company will offer or negotiate an employment contract in which they agree that they will only terminate the employee “for cause”. This means that they can only be fired for a good reason, such as if they do something illegal, against company policy, or seriously negligent.
A terminated employee may be able to replace some lost income by receiving unemployment compensation. If qualified, the unemployed worker may receive compensation while searching for employment. Employees qualify for unemployment during layoffs or if they were fired without cause.
Updated August 15, 2024. Termination for cause is the dismissal of an employee for a satisfactory reason. An employee may be fired for various reasons that may include misconduct, fraud and disclosure of confidential information.
Reach out to the Labor Commissioner's Office to initiate the complaint process. You can visit their official website or contact them by phone to inquire about the required forms and procedures. The Labor Commissioner's Office will guide you through the process and address any specific questions you may have.
Just make sure you document the termination process well, including evidence of the misconduct. Write a letter of termination listing the behavior and reason for firing, and save a copy for your records. This will serve as valuable evidence if you need to prove it later on.