Q: What issues should I consider as ‘red flags’ when considering termination of an employee in California?
A: Employers should always ask whether they are applying their standards equally and consistently for all employees. Thus, the question becomes whether the company would normally terminate an employee for the infraction, or have done so in the past. Additionally, determine whether the employee has lodged any complaints about pay, treatment, or other issues in the recent past. Termination following a recent complaint can be seen as retaliation. Also, ensure that there have been no pay issues, no missed meal or rest breaks, or other outstanding items that may complicate the termination. If there are any concerns, MSEC recommends you speak with an experience California Human Resources practitioner or a California licensed attorney.