Chris

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No law requires it. If I offer vacation pay than I have to pay personal time but there is nothing saying I have to pay any time off. California is an at will state which means you can quit or be fired at any time with or without reason.
 
California is funny in how the employment laws work. They force a lot if you offer anything but if you don't offer anything than you are exempt from most. Kind of forces you to either offer the world or give nothing. I have been trying for years to give my guys health insurance but the policy alone is over 5k a month and then they all have to pay the same or more than they would getting insurance on their own. It's a failed system that will probably never get better
 
Chris said:
No law requires it. If I offer vacation pay than I have to pay personal time but there is nothing saying I have to pay any time off. California is an at will state which means you can quit or be fired at any time with or without reason.
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Hhm 4% vacation pay, 6 after 5 years and 8 after ten and so on.

10 paid long weekends ,Xmas etc.

severance
After three months – one week
After 12 months – two weeks
After three years – one week for each completed year of employment, to a maximum of eight weeks

Want to fire someone only after 1 verbal warning
1 written warning
 
Sure does protect the employee. What protection does the employer have say like in my case.

Employee is on month two, starts showing up late, taking long lunches and arguing when I ask why. Leaves early almost every day. Then starts stealing, filling personal car from company gas card, tolls are run up on employees day off and petty cash turns up missing. What is the employer allowed to do or are they still forced to give money to this person?
 
Steeling if you can prove it, gone today, he still gets paid time earned and vacation pay but that is all, and he is not going to get UI either.

Hourly employees needs two warnings for late lunch and so on, still gets paid earned time and vacation, no UI or severance.

Not sure how they deal with salaried people, that might be trickier, might need a contract or some writtin understanding of performance when hired.

My ex wife wanted to keep company cards when she left. I just reported the cards stolen, end of story.
 
He stole and didn't even try to hide it. On my gas cards you have to put in a code then mileage and the system keeps track of everything from MPG to oil changes. He was filling his car at 11 gallons each time instead of the 30 it took in the truck. He was filling on the weekends when the truck was in the shop and he was also putting in his mileage from his car. Filled it up monday when I was driving his work truck. Then the toll transponder kept getting used on his days off. I just went to his computer and he left his internet open and the pages that are up are Facebook, A dating site and his payment invoices for supervised visitation. A real winner.
 
I hate having to let someone go but if they've screwed up that badly then I do what I must. SC is also an "At Will" state and without a written work contract naming specifics, on firing they are due only wages earned up to that point. If you've promised something you can be sued in civil court to recover that, but the burden of adequate proof is on the plaintiff, it will take them at least a year to get the case heard, and they have to pay lawyers and legal fees out-of-pocket (recovered only on a win) so it's usually not worth doing.

The technique here is to not tell the employee why they're being terminated on firing, only saying "You're not needed here anymore." If you say any more they can challenge the dismissal in court based on that. What has happened prior to that (warnings or punishments) is a separate matter as long as you say nothing to link it to the dismissal.

Subcontractors have legal protections here unless they are notified that they are working "At Will" by the Contractor. The usual dismissal of them is done officially as "quality of work unacceptable" unless you have another mire solid specific to go by, and as subcontract is easier to deal with back in the office than employee most folks in construction work here are subcontracted instead of employed.

Every place is different with different laws and employment rules which as an employer you should know.

I'm forgiving and pretty flexible as long as the work gets done and the customer stays happy, but I've got my 'sticking points' that I make very clear from the start. Quality has to be there- no excuses ever. Customer relations is my department but if the customer is unhappy with something you're going to hear a lot worse about that from me- no excuses ever. You will deliver what you say you will- if you can't do it don't say you can. Not much else bothers me as long as he job gets done like it should.

Sorry you're having to go through the crap Chris- I feel for you. Maybe you should consider a different approach on employment conditions, ask your Lawyer about that. And I hope the next guy turns out to be the ideal 'employee'- those guys are out there but they're rare.

Phil
 
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Chris, Next time you are by the steel yard, Buy you some 3/8" ar 500 steel

when you shoot it, you can hear it 100 yards away... DING !! awsome sound,

74584_75b14a5c8842648c77e3eee1d2a08c6a.JPG
 
We shoot steel targets all the time and have a rule. No shooting at steel unless 25' is between us and the steel, because it can and will ricochet back and get ya good.
 
I have a bunch of 10" blind flanges. They are about an inch thick and 16" round. Was gonna scrap them but I think I will shoot them instead.
 
lean em at 20 degrees, to stop the ricochet

gong.jpg
 
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That and hanging them from a chain helps. They always hit the ground right below.
 
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