My question involves labor and employment law for the state of: California
This is more a question out of curiosity than anything else. I am seeing a number of employment applications in California that ask if the applicant had ever been terminated or asked to resign. It seems liked a reasonable question, except that California is an At Will state. As such, your employer can terminate you at will just as you can leave at will, for any reason or no reason. Basicly, the meaning of termination is simply that the employee is no longer working at the company as of a given date. The reason why is irrelevant. So, if the question is being asked as part of a hiring decision, the company is making a distinction as to being terminated voluntarily or involuntarily, which seems to contradict the the at will concept. Legally is an applicant obliged to answer this question as a yes/or no and under what conditions?
Thanks
This is more a question out of curiosity than anything else. I am seeing a number of employment applications in California that ask if the applicant had ever been terminated or asked to resign. It seems liked a reasonable question, except that California is an At Will state. As such, your employer can terminate you at will just as you can leave at will, for any reason or no reason. Basicly, the meaning of termination is simply that the employee is no longer working at the company as of a given date. The reason why is irrelevant. So, if the question is being asked as part of a hiring decision, the company is making a distinction as to being terminated voluntarily or involuntarily, which seems to contradict the the at will concept. Legally is an applicant obliged to answer this question as a yes/or no and under what conditions?
Thanks
Application: Can an Employer Ask About the Reasons for Past Terminations
Aucun commentaire:
Enregistrer un commentaire