When is a termiation effective?

UPDATED: Oct 1, 2022

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When is a termiation effective?

My husband and I own a small vineyard. It has been managed for 5 years by a local vineyard manager without a written contract, just a hand shake. Due to a disagreement on certain vineyard practices, my husband texted the manager last month,

Asked on July 21, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When there is no written contract to the contrary, employment is employment at will. An oral contract ("oral," not "verbal" is the correct term) is terminable at will, on no notice, by either party. So when your husband said, "you're fired," the manager was fired immediately. He was terminated on the spot when your husband said "you're fired." He therefore did not owe you any work after you fired him and did not quit, because he was fired first.
If he work for, provided services for, etc. you prior to his termination, you need to pay him--i.e. pay the invoice--less anything you can prove or show he agreed to not charge for.

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