Employee Relations and Terminations Flashcards

Under California law, when must a terminated employee receive their final paycheck?

Answer: Immediately at the time of termination

California Labor Code Section 201 requires that wages of a discharged employee are due and payable immediately at the time of discharge.

An employee resigns with 72 hours notice. Under California law, when must the employer provide the final paycheck?

Answer: Within 72 hours of the notice being given

California Labor Code Section 202 requires that when an employee gives at least 72 hours notice, wages are due on the last day of work; with less notice, within 72 hours.

California's WARN Act differs from the federal WARN Act in that it applies to employers with:

Answer: 50 or more employees

California's WARN Act (Labor Code Section 1400) applies to employers with 75 or more full- or part-time employees, while the federal WARN Act threshold is 100 full-time employees.

Under the California WARN Act, employers must provide advance notice of a mass layoff for at least:

Answer: 60 days

California Labor Code Section 1401 requires 60 days advance written notice to employees, the EDD, and local workforce agencies before a mass layoff, relocation, or plant closing.

Which of the following is a recognized exception to California's at-will employment doctrine?

Answer: Termination violates an implied contract created by an employee handbook

California courts recognize that implied contracts created through employee handbooks, policies, or employer conduct can overcome the at-will presumption.

A California employee is terminated shortly after filing a workers' compensation claim. This may constitute a violation of:

Answer: Labor Code Section 132a

California Labor Code Section 132a prohibits discrimination or retaliation against employees for filing a workers' compensation claim.

Under California law, accrued but unused vacation or PTO at termination must be:

Answer: Paid out as wages on the final paycheck

California treats accrued vacation as earned wages under Labor Code Section 227.3, so it must be paid out on termination regardless of any forfeiture policy.