November 21, 2017

Terminating Employees for Performance Reasons


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.

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