The latest litigation trends, court decisions, & issues on California Employment Law. Home » Five misunderstandings about disciplining employees Five misunderstandings about disciplining employees. By Anthony Zaller on August 5, 2016. (California Labor Code Section 1403) Notice Requirements. Issues regarding the enforcement of the California WARN law should be directed to the Department of Industrial Relations. The Department of Labor (DOL) publication entitled A Guide to Advance Notice of Closings and Layoffs provides additional information about the Federal WARN Act.
Decide whether a lay-off or a firing is most appropriate.
When you are making a termination decision, one of the first things you will consider is whether it might be a lay-off or a firing. Using the following information, decide which option is right for you:
Decide whether a lay-off or a firing is most appropriate. When you are making a termination decision, one of the first things you will consider is whether it might be a lay-off or a firing. Using the following information, decide which option is right for you:
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- A lay-off is a termination of an employee where the position they held will not be re-filled and will instead be eliminated.[1] This most often happens when the employer needs to downsize and eliminate one or more parts of their workforce in order to reduce overhead costs.[2] If you think a lay-off might be the best option, you will have to determine which employee or group of employees should be terminated.[3] As an employer, you must be careful to base your decisions on sound business related criteria, policies, and practices.[4] Be careful not to base your decision on age, race, national origin, religion, gender, physical disability, or sexual orientation.[5]
- On the other hand, a firing is most often triggered by an employee's poor job performance.[6] Unlike a lay-off, when you fire an employee, another employee is hired to replace them.[7] The rest of this article will discuss how to terminate an employee when you decide it is going to be a firing.
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- A lay-off is a termination of an employee where the position they held will not be re-filled and will instead be eliminated.[1] This most often happens when the employer needs to downsize and eliminate one or more parts of their workforce in order to reduce overhead costs.[2] If you think a lay-off might be the best option, you will have to determine which employee or group of employees should be terminated.[3] As an employer, you must be careful to base your decisions on sound business related criteria, policies, and practices.[4] Be careful not to base your decision on age, race, national origin, religion, gender, physical disability, or sexual orientation.[5]
- On the other hand, a firing is most often triggered by an employee's poor job performance.[6] Unlike a lay-off, when you fire an employee, another employee is hired to replace them.[7] The rest of this article will discuss how to terminate an employee when you decide it is going to be a firing.