Legal Question in Employment Law in California

Terminating an employee

I am a Director in a small nonprofit organization in California. An employee gave 30 days notice. However, now she has been late for work 7 out of the last 8 days and her performance is less than adequate. Can we legally ask her to leave prior to stated date?


Asked on 7/09/07, 12:41 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Terminating an employee

The employee gave this 30-day notice as a courtesy. You are under no obligatino to continue employing her for ANY length of time. In fact, she would not even be eligible for unemployment benefits because it is considered a volutarily termination.

If you do terminate her, make sure you have her last paycheck ready to hand to her.

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Answered on 7/09/07, 12:55 pm
Terry A. Nelson Nelson & Lawless

Re: Terminating an employee

Of course, anytime, she already quit and can be 'walked out' immediately.

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Answered on 7/09/07, 4:31 pm


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