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Termination, severance and release of liability in CA California

On Lawyer & Legal » Employment & Labor Law

2,629 words with 4 Comments; publish: Thu, 18 Jan 2007 13:58:00 GMT; (80062.50, « »)

Hello:

Is it legal for California employer to do following for termination of an employee:

1.Give written notice of termination effective immediately, no reason specified.

2.Give check along with termination notice of all wages due up to that point including all accrued vacation.

3.Give severance ( in this case, three weeks pay) money , condition upon signing release of all liability including wages from date of employment to present.

4.Ask for immediate signature of release of liability, at time of termination, in order to get severance money.

Thanks

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  • 4 Comments
    • 1. Yes

      2. Yes.

      3. Yes

      4. If under 40, yes. If over 40 andthe release includes a waiver of rights under ADEA, then no.

      From the EEOC website

      Waivers of ADEA Rights

      An employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must:

      be in writing and be understandable;

      specifically refer to ADEA rights or claims;

      not waive rights or claims that may arise in the future;

      be in exchange for valuable consideration;

      advise the individual in writing to consult an attorney before signing the waiver; and

      provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.

      If an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.

      #1; Thu, 18 Jan 2007 14:21:00 GMT
    • #2 is not only legal, but is required by law.
      #2; Thu, 18 Jan 2007 14:42:00 GMT
    • Also is it legal for the employer: 1.To give termination notice effective immediately, only one day after employee has returned to work after taking 3 days off for being sick with a bronchial infection.

      Unless FMLA is involved, yes.

      Will that be considered wrongful termination?

      Unless FMLA is involved, no.

      #3; Fri, 19 Jan 2007 03:12:00 GMT
    • Thanks for the reply. It is very helpful.

      Also is it legal for the employer:

      1.To give termination notice effective immediately, only one day after employee has returned to work after taking 3 days off for being sick with a bronchial infection. Will that be considered wrongful termination?

      Thanks

      #4; Thu, 18 Jan 2007 21:38:00 GMT