Best Hiring & Firing Lawyers in Fresno

About Hiring & Firing Law in Fresno, United States

Hiring and firing employees is a critical part of running a business in Fresno, United States. The process is governed by a variety of federal, state, and local laws that aim to ensure fair treatment, prevent discrimination, and establish clear procedures for both employers and employees. While most employment in Fresno is considered "at-will," meaning either party can end employment at any time, there are exceptions and protections for workers that employers must be aware of. Understanding these laws helps protect both parties and avoids costly legal disputes.

Why You May Need a Lawyer

Legal matters related to hiring and firing can be complex, and mistakes can lead to serious consequences. Common situations where individuals or businesses may require legal assistance include:

• Wrongful termination claims, where an employee alleges they were fired in violation of the law or their contract
• Allegations of discrimination based on race, gender, age, disability, or other protected characteristics
• Negotiating or reviewing employment contracts and severance agreements
• Handling layoffs, reductions in force, or mass terminations in compliance with the law
• Responding to investigations or complaints from government agencies
• Clarifying whether a termination is lawful under federal, California, and Fresno regulations

Local Laws Overview

In Fresno, employment law is shaped by federal regulations, California state statutes, and sometimes local ordinances. Key aspects include:

• At-will employment: Most jobs can be ended by either party at any time for any lawful reason or no reason at all, but there are important exceptions
• Anti-discrimination protections: Employers cannot hire or fire based on protected categories like race, color, religion, sex, gender identity, sexual orientation, age, disability, medical condition, or national origin
• Notice requirements: Larger layoffs may require advance notification to employees under the federal WARN Act and the California WARN Act
• Minimum wage and hour laws: Employers must comply with minimum wage laws, overtime rules, and other wage protections under state and federal law
• Separation procedures: Final pay, unused vacation payout, and COBRA notices are regulated when employment ends
• Local ordinances: Fresno may have additional workplace safety or leave rules that supplement state law

Frequently Asked Questions

What does "at-will employment" mean in Fresno?

"At-will employment" means either the employer or the employee can end the employment relationship at any time, with or without cause or notice, as long as the reason is not illegal.

Are there exceptions to at-will employment?

Yes, exceptions include firing based on discrimination, retaliation, or violation of an employment contract or public policy. Employers cannot fire employees for reasons that are against the law.

What steps should an employer follow when firing an employee?

Employers should document performance issues, provide appropriate warnings or progressive discipline if applicable, ensure no discrimination is involved, prepare final paychecks, and provide required notices. Consulting with a lawyer can help ensure compliance.

Is severance pay required by law in Fresno?

Severance pay is generally not required by law unless specified in an employment contract or as part of a company policy. However, some layoffs require notice and certain payments under state or federal law.

Can I be fired for reporting workplace violations or safety concerns?

No, it is illegal for an employer to fire or retaliate against an employee for reporting violations of law, safety concerns, or participating in investigations.

What should I do if I believe I was wrongfully terminated?

You should collect any documentation related to your employment and termination, and consult with an employment lawyer as soon as possible to discuss your legal options.

How soon does an employer have to provide a final paycheck in Fresno?

In California, employers must provide a final paycheck immediately when an employee is fired, or within 72 hours if the employee quits without notice. There are penalties for late payment.

Can an employer ask about criminal history when hiring?

Under California law, employers cannot inquire about criminal history on job applications and can only consider convictions after making a conditional job offer, subject to certain limitations.

Are background checks allowed during the hiring process?

Yes, but employers must comply with state and federal laws, including providing disclosures and obtaining written consent from the applicant before running background checks.

Who enforces hiring and firing laws in Fresno?

Agencies such as the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, and the California Labor Commissioner enforce these laws.

Additional Resources

You may find these resources and organizations helpful:

• California Department of Fair Employment and Housing (DFEH)
• California Labor Commissioner’s Office (Division of Labor Standards Enforcement)
• Equal Employment Opportunity Commission (EEOC)
• Fresno County Bar Association
• Workforce Connection - Fresno County's One-Stop Career Centers

Next Steps

If you believe you need legal assistance with a hiring or firing issue, consider the following steps:

• Gather relevant documents such as employment contracts, termination letters, pay stubs, and correspondence
• Write down your account of events, including dates and names of individuals involved
• Contact a local employment lawyer who is familiar with Fresno and California employment laws
• Consult with legal counsel before signing any agreement related to hiring or termination
• Consider filing a complaint with the appropriate government agency if your rights may have been violated