Top Five Myths In The Workplace

Employers often share misconceptions about laws related to the workplace. Here are the top 5 workplace myths:

Myth No. 1:An At-Will Employee Can Be Fired For Any Reason

Not true. Even if an employee has signed an at-will agreement, an employer can not fire the employee for any reason. An employer may not fire an employee based on discriminatory reasons, such as sex, race, pregnancy, age or religion. Further, an employer can not terminate an employee as a result of jury service, as retaliation for whistle-blowing, complaints about safety, or refusal to commit illegal activities.

Myth No. 2:Overtime Compensation Does Not Apply To A Salaried Employee

Not true. The relevant inquiry is whether the employee is exempt or non-exempt from overtime requirements. Important factors include the amount of independent judgment an employee exercises in his or her position, and whether the employee supervises other employees.

Myth No. 3:Severance Pay Is Required

Not true. An employer is generally not required to give employees severance pay. However, if an employer lays off one hundred or more employees in a single lay-off, it must either give either two months notice or two months salary. Further, if an employer has agreed to pay severance either by contract of pursuant to company policy, it must pay it.

Myth No. 4:Fired Employees Are Not Entitled To Unemployment Compensation

Not true. Employers incorrectly believe that only employees that are layed off are entitled to unemployment benefits. The real inquiry is whether an employee was terminated due to intentional conduct. An employee who was fired due to poor performance may still be entitled to unemployment compensation.

Myth No. 5:Employee Rights Posters Are Not Required

Not true. In California, more than 15 posters are required to be posted in compliance with both federal and state law.