PHRCA Employee Relations and Terminations Questions and Answers Flashcards

Under California law, which of the following is required when terminating an employee?

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.

An employer in California discovers an employee has been stealing company property. Which best practice should the employer follow before terminating the employee?

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.

Which California-specific law prohibits employers from retaliating against employees who disclose information about violations of law to a government agency?

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.

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?

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.

Which of the following scenarios would most likely constitute a constructive discharge claim under California law?

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.

Under California's WARN Act, how many days' advance notice must a covered employer provide before a mass layoff affecting 50 or more employees?

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.