PHRca Employee Relations and Terminations 4 — Questions and Answers
Question 1: California's progressive discipline process is most valuable to employers because it:
- Is legally required before any termination
- Creates a documented record showing the employee was given notice and opportunity to correct behavior (Correct answer)
- Automatically protects the employer from all wrongful termination suits
- Reduces the required final pay notice period
Correct answer: Creates a documented record showing the employee was given notice and opportunity to correct behavior
Progressive discipline creates documentation showing fair notice and opportunities to improve, which is critical evidence in defending against wrongful termination claims.
Question 2: An employee is terminated for cause in California. Which of the following best describes their eligibility for unemployment insurance benefits?
- They are automatically ineligible because the termination was for cause
- They are eligible unless terminated for misconduct as defined under the Unemployment Insurance Code (Correct answer)
- They are eligible only if they file a formal grievance first
- They are ineligible if the employer opposes their claim
Correct answer: They are eligible unless terminated for misconduct as defined under the Unemployment Insurance Code
In California, termination 'for cause' does not automatically disqualify an employee; the EDD uses a specific statutory definition of 'misconduct' that sets a higher bar than mere poor performance.
Question 3: Under the Older Workers Benefit Protection Act (OWBPA), a valid waiver of ADEA claims in a severance agreement must provide the employee at least how many days to consider the agreement?
- 7 days
- 14 days
- 21 days (Correct answer)
- 45 days
Correct answer: 21 days
OWBPA requires at least 21 days to consider an ADEA waiver (45 days for group terminations), and a 7-day revocation period after signing.
Question 4: When a California employee is laid off as part of a qualifying plant closure under the WARN Act and the employer fails to provide 60 days notice, the employer is liable for:
- Back pay and benefits for up to 60 days (Correct answer)
- A civil penalty of $500 per day to the state only
- Immediate reinstatement of all affected employees
- A 90-day waiting period before any future hiring
Correct answer: Back pay and benefits for up to 60 days
Under both federal and California WARN Acts, employers who fail to provide adequate notice are liable for back pay and benefits for each day of violation, up to 60 days.
Question 5: A manager asks HR to help document performance issues for an employee who the manager wants to terminate. HR reviews the file and finds no prior documentation. The best HR response is to:
- Begin documenting current issues and help the manager build a case retroactively
- Advise the manager to document current and ongoing performance issues going forward before proceeding to termination (Correct answer)
- Terminate the employee immediately to minimize further documentation liability
- Transfer the employee to another department to reset the relationship
Correct answer: Advise the manager to document current and ongoing performance issues going forward before proceeding to termination
Retroactive documentation is a red flag in litigation; HR should coach the manager to document current performance issues prospectively before taking termination action.
Question 6: Which California-specific protection would apply to an employee terminated for complaining internally about unpaid wages?
- Labor Code Section 98.6 (Correct answer)
- Labor Code Section 6310
- Business and Professions Code Section 17200
- Civil Code Section 1668
Correct answer: Labor Code Section 98.6
Labor Code Section 98.6 prohibits retaliation against employees for exercising rights under the Labor Code, including complaints about unpaid wages.
Question 7: During an exit interview, a departing employee reveals they were subjected to harassment but never reported it. The best HR response is to:
- Note it in the exit interview form and take no further action since the employee is leaving
- Thank the employee, investigate the complaint, and take corrective action if warranted, regardless of the employee's departure (Correct answer)
- Advise the employee they have waived their rights by not reporting sooner
- Inform the alleged harasser immediately to get their side of the story before documenting anything
Correct answer: Thank the employee, investigate the complaint, and take corrective action if warranted, regardless of the employee's departure
Employers have an ongoing duty to investigate harassment complaints and take corrective action even when reported at exit, as inaction can expose the employer to ongoing liability.
PHRca Employee Relations and Terminations 4
California's progressive discipline process is most valuable to employers because it: