What Are Your Rights As A California Employer?
Owning a business in California can be really tough. There are so many laws and regulations in the Golden State it can get overwhelming making sure you are following all of them. There is always the fear that an employee will file a wage, discrimination or some other type of claim.
It may seem like everything favors the employee but do not despair. We are here to tell you that employer rights do exist in California. Read on for examples of some of the most important ones.
The Right to Terminate Employees
California is an at-will employment state so for the most part you can terminate an employee without to much trouble. The major thing you have to keep in mind is that you did not fire the employee for one of the protected reasons which include discrimination, retaliation among others. Also at will does not apply if the employee has a specific contract. If so you would need to follow the terms of the contract.
The Right to Hire Who You Want
You as the employer who you want, presumably the person who best fits the job qualifications. You are not obligated to fill a particular quota, for example x amount of one gender or race. Where you can possibly get in some trouble here is if you specifically don’t hire the most qualified person just because they are a certain gender or race (or other protected class). This would be hard to prove at any rate unless you expressed in some way you did not want to hire the individual for one of these reasons.
The Right to Pay Your Salary Ranges
While there are both federal and state minimum wage requirements for you as an employer, there is no such salary requirements after meeting minimum wage. So for example, lets say you employ an IT technician and the standard range for this position is $25-$35 an hour. You are not legally obligated to pay in any type of range, just as long as its above the minimum wage. Using our example you could pay this position that typically makes a low of $25 an hour $15, $20, $60 whatever you see fit. Now keep in mind you get what you pay for so we dont suggest you under pay your IT guy! : )
The Right to Defend Your Business Against Claims
Typically employee related claims against your business will be filed with the labor board by the employee. Don’t panic if you receive a claim against your business as you will have plenty of opportunity to defend against claims. Typically their will be a notice of claim and conference where a labor board representative will hear both sides and decide if the claim needs to go to a hearing. If you are really well prepared, have documentation that supports your case you can often get the claim dismissed that day. You are also welcome to bring an experienced labor attorney with you which should dramatically improve your chances of success.
So we know that it is sometimes hard owning a business in California. You create a business that employs fellow Californians, you pay your taxes yet it seems the odds are stacked against you. But just remember employer rights do exist in California!
If you are a California business owner who has questions on employer rights or any other employment matters contact our professional labor attorneys today. We specialize in Employer defense and ONLY protect business owners!
We are professional labor attorneys who specialize in defending California business owners. Contact Us Today!
querer leer este artículo en español
