This is hard for me, too. – While
usually true, it's important to recognize that the person doing
the firing has it better than the person getting
fired. In litigation, the statement will be used to make you
sound self-centered and insensitive.
This is a decision by the company that I don't
necessarily agree with. – If you disagree with the
termination decision, you do what you can to persuade the decision
maker that it's a mistake. Once the decision is made though,
it's your job to represent your employer.
We'll send you your final pay in a few
days. – Not in California you won't. Labor Code
§ 201: "If an employer discharges an employee, the wages
earned and unpaid at the time of discharge are due and payable
immediately." So you will have a final paycheck,
including unused vacation, ready to hand the person on the day
I should have probably pointed this out sooner . . .
. – If someone is terminated for
poor performance, they should have been clearly informed
(including in writing – hopefully in a written performance review) of how they were
deficient and needed to improve. Regardless of the legal
theory at issue, juries, judges, and arbitrators are looking
for fairness. This means the person was told what was wrong
and given a reasonable chance to correct the issue.
Your complaint to [insert government agency] forces us
to question your loyalty to the company. – You might
as well just list "retaliation" as the reason for
You violated our company policies when you told your
co-workers what you were making. – That's fine
in some places, but not California. Labor Code § 232 prohibits
employers from taking any action against an employee who discloses
his or her wages.
We're getting rid of the deadwood./We need some new
blood./We're looking for someone with a fresh
perspective./There's too much gray hair around here./We're
trying to update our image. - I suppose these statements
are slightly better than: "You're too old." But only
I don't have to give you a reason. -
Technically, that's true. But as I explained here, you don't want the
person using his or her imagination to figure out the reason. Just
make sure the reason you give is accurate and supportable.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The effects of the California Supreme Court's latest interpretation to provide seating to workers are beginning to show, as the United States District Court for the Central District of California recently approved a $700,000 settlement ...
Given the issues workplace texting presents for employers, employers would be wise to make clear in their policies what method of communication employees may use in the workplace for business purposes.
With an estimated U.S. divorce rate in the 40% to 50% range, your retirement plan is likely to receive an order from a court directing the plan to split a participant's benefits, also known as a domestic relations order.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).