PHRca PHRCA Employee Relations and Terminations Questions and Answers 2 — Questions and Answers
Question 1: Under California law, which of the following is required when terminating an employee?
- A 30-day written notice period
- Payment of all earned wages and accrued vacation at the time of termination (Correct answer)
- Filing a termination report with the EDD within 24 hours
- Providing a mandatory severance package
Correct answer: Payment of all earned wages and accrued vacation at the time of termination
California Labor Code Section 201 requires employers to pay all wages earned and unpaid, including accrued vacation, immediately upon involuntary termination.
Question 2: An employer in California discovers an employee has been stealing company property. Which best practice should the employer follow before terminating the employee?
- Immediately terminate the employee without any documentation
- Conduct a Skelly hearing before termination
- Conduct a thorough investigation and document findings before taking action (Correct answer)
- Wait 90 days to observe whether the behavior continues
Correct answer: Conduct a thorough investigation and document findings before taking action
Employers should conduct a fair and thorough investigation, document all findings, and ensure consistent application of disciplinary policies before terminating for misconduct.
Question 3: Which California-specific law prohibits employers from retaliating against employees who disclose information about violations of law to a government agency?
- California WARN Act
- California Labor Code Section 1102.5 (Correct answer)
- California Family Rights Act
- Proposition 65
Correct answer: California Labor Code Section 1102.5
California Labor Code Section 1102.5 is the state's whistleblower protection statute, prohibiting retaliation against employees who report suspected legal violations.
Question 4: What is the maximum time an employer has to provide a final paycheck to an employee who voluntarily resigns with at least 72 hours' notice in California?
- Within 30 days of the last day worked
- Within 72 hours of the last day worked
- On the employee's last day of work (Correct answer)
- At the next regular pay period
Correct answer: On the employee's last day of work
When an employee provides at least 72 hours' advance notice of resignation, California law requires the employer to have the final paycheck ready on the employee's last day.
Question 5: Which of the following scenarios would most likely constitute a constructive discharge claim under California law?
- An employee resigns after being denied a promotion
- An employee quits because they received a negative performance review
- An employer deliberately creates intolerable working conditions that force the employee to resign (Correct answer)
- An employee leaves for a higher-paying position at a competitor
Correct answer: An employer deliberately creates intolerable working conditions that force the employee to resign
Constructive discharge occurs when an employer intentionally creates or knowingly permits working conditions so intolerable that a reasonable person would feel compelled to resign.
Question 6: Under California's WARN Act, how many days' advance notice must a covered employer provide before a mass layoff affecting 50 or more employees?
- 30 days
- 60 days (Correct answer)
- 90 days
- 14 days
Correct answer: 60 days
The California WARN Act requires covered employers to provide 60 days' advance written notice to affected employees before a mass layoff, relocation, or plant closure.
PHRca PHRCA Employee Relations and Terminations Questions and Answers 2
Under California law, which of the following is required when terminating an employee?