Fire the employee. "Doesn't work well with everyone else" is more grounds for termination than you even need in California. Without a contract, you need none —

Fire the employee. "Doesn't work well with everyone else" is more grounds for termination than you even need in California. Without a contract, you need none — employment is at-will. What you can't have is the wrong reason for termination, which is why Google got in trouble. Using terms like “old guy” and “fuddy-duddy” implies that age is illegally shading your judgment, just like mentioning sex or religion or race would imply illegally shaded judgment. (I'm not sure what to do with "doesn't fit in with the culture." On the one hand, I know what you mean. On the other, it seems like if you're really referring to corporate culture and not age, religion, national origin, etc., there should be something more specific you can say. Being vague and dropping a loaded word like "culture" sounds legally (even ethically) precarious. IANAL though.)