San Clemente, CA asked in Business Law and Employment Law for California

Q: We have to layoff our only empl because of finances, but she's on maternity leave... what's the best way to handle this?

We are essentially closing the company, leaving only our online/digital product offerings available and have let all contractors go. She is our only employee and we simply can't afford to keep her. I'm not sure the best way to do this to ensure we don't affect her paid family leave through the state and to ensure we're protected by taking these steps in the right order.

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1 Lawyer Answer
Pahoua C Lor
Pahoua C Lor
  • Fresno, CA
  • Licensed in California

A: This is not an easy scenario. If the company is truly closing and you can't afford to keep her, your reason for letting her go seems justified or based on necessity. However, if there are still employees at the company (I mention this because you state that you are still maintaining online/digital products), I would caution you to discuss your situation at length with an attorney.

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