PHRca - Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle 1

Question 1

Under California Labor Code, if an employer terminates an employee without prior notice, when must the final paycheck (including all accrued vacation) be provided?

Accepted Answer

Immediately at the time of termination

Answer

California Labor Code Section 201 requires employers to pay all wages, including accrued vacation, immediately at the time of an involuntary termination. Failure to do so exposes the employer to waiting-time penalties of up to 30 days of the employee's daily wages.

Question 2

A California employer asks a departing employee to sign a non-compete agreement as a condition of receiving severance. Under California law, this agreement is:

Accepted Answer

Void and unenforceable regardless of scope or consideration

Answer

California Business and Professions Code Section 16600 broadly voids non-compete agreements, with very narrow statutory exceptions (such as sale of a business). Unlike most states, California does not recognize a 'reasonable scope' carve-out — the clause is void even with consideration.

Question 3

The California WARN Act (Cal-WARN) requires 60 days advance written notice before a mass layoff. Which of the following thresholds triggers this requirement?

Accepted Answer

50 or more employees laid off at a single establishment within a 30-day period, for employers with 75 or more employees

Answer

Cal-WARN (Labor Code §1400 et seq.) applies to employers with 75 or more part- or full-time employees and is triggered when 50 or more employees at a single covered establishment are laid off within a 30-day period. This is broader than the federal WARN Act, which requires 100 employees.

Question 4

An employee requests to inspect their personnel file. Under California Labor Code Section 1198.5, the employer must make the file available within:

Accepted Answer

30 calendar days of the request

Answer

California Labor Code Section 1198.5 grants current and former employees the right to inspect their personnel file and requires the employer to make it available within 30 calendar days of receiving a written request. Employers who fail to comply may be fined $750 per violation.

Question 5

Which California Supreme Court doctrine allows an employee to sue for wrongful termination even though no written employment contract exists?

Accepted Answer

The implied-contract exception to at-will employment

Answer

In Foley v. Interactive Data Corp. (1988), the California Supreme Court recognized that employer conduct, policies, handbooks, longevity of service, and oral assurances can create an implied contract that limits the right to terminate at will. This is separate from the public-policy tort recognized in Tameny v. Atlantic Richfield.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle 1