Daycare Tax Tips

Hiring and sometimes, unfortunately.....Firing

Guidance regarding "at-will" employment

Under California Labor Code Section 2922, employment is presumed to be "at-will" when a child care provider hires an assistant. This is the case unless the job has a specified duration.

Employment "at-will" generally means you can terminate an employee at any time. Providing advance notice is optional and employers need not give a reason for letting an employee go. The flip side of this is that an employee can quit at any time.

To avoid misunderstandings or possible litigation following a termination, emphasize at-will language in all written and verbal communications with your employees, including job descriptions, employee handbooks, etc. Tom Copeland has some recommendations regarding specific wording to use or avoid.

Termination based on prohibited discrimination is not allowed and there are certain statutory exceptions to the at-will rule, as covered in this At-Will Employment and Wrongful Termination information from the Governor's Office of Business and Economic Development.

Last updated 11 September 2013

Posted on 2013-05-30 03:37:08