Laying off employees

[laurora]

I am a very small employer in California--I have 3 part-time employees. Due to economy, I need to drastically reduce my workforce. Can I lay off my two higher paid, longer term, older employees and keep my lowest paid, shortest term, youngest employee? Not something I want to do, but it is my most affordable alternative other than working 24/7 myself. Even though my choice may not be "fair", is it legal?

 

[cbg]

There are no laws requiring that you use any particular criteria in determining who to lay off. You may not select employees for layoff BECAUSE OF a characteristic protected by law; race, religion, national origin, pregnancy, gender, disability, age (over 40 only) or a characteristic protected by state or local law. If there is a contract or CBA in place that determines how layoffs will be determined you must follow it. Beyond that, you may use any criteria you wish.

You may not elect these two employees because they are over 40. You may elect them because they are the highest paid.