California Workplace & Employment Law Blog

One area I am frequently asked to provide advice on is the subject of employee terminations. Generally, employment in California is “at-will,” meaning that an employee can quit, or the employer may fire the employee, at any time, for any reason, with or without cause.  However, the reality is that employers should always have a sound business reason for any termination decision, because if an employee later sues the company for discrimination, retaliation, or wrongful termination, the company will have to prove the termination decision was not for an unlawful reason (such as due to the employee’s age, race, religion or gender). The best way to establish this is by pointing to sound business reasons tied to concrete facts and documentation that back up the termination decision.

Federal law requires that every employer who hires an individual for employment in the United States must complete Form I-9, which is used to verify the identity and employment authorization of individuals hired to work in the United States. The United States Department of Citizenship and Immigration Services (USCIS) released a revised version of Form I-9 on July 17, 2017, which employers must begin using starting September 18, 2017.

California employers with five or more employees have an affirmative legal duty to provide reasonable accommodation to their employees with physical or mental disabilities unless doing so would cause undue hardship. This duty requires the employer to engage in an “interactive process,” which is the means by which a reasonable accommodation is selected. Not knowing when to initiate the interactive process is one of the biggest missteps that employers can make, which may lead to costly disability discrimination lawsuits down the line.