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What are the steps I need to take to legally terminate an employee in California?

Picture of Chris Battis By   ·  1 minute read

To legally terminate an employee in California, an employer must follow certain steps to avoid legal consequences. These steps are as follows:

  1. Review the employment contract and relevant policies: Before taking any action, the employer should review the employee's employment contract, if any, and relevant company policies. This review will ensure that they are not breaching any contractual obligations or violating any policies.
  2. Identify the legal basis for the termination: The employer must have a legitimate reason for terminating the employee. The legal basis could be based on poor performance, misconduct or violation of company policies for example.
  3. Follow proper notice requirements: California law requires that employers provide employees with written notice of termination if they are terminating them without cause if they are not being laid off. The length of the notice will depend on the length of employment, where the employee works and other factors. An employer must also include a specific date of termination on the written notice.
  4. Offer final paychecks: An employer must offer final paychecks to the terminated employee within a certain timeframe. Under California law, the final paycheck should be issued on the last day of work or within 72 hours of the termination.
  5. Conduct the termination meeting: This meeting should be conducted in person and in private, and it should be done with respect and professionalism.
  6. Keep detailed documentation: It is essential to document all aspects of the termination process, including the reason for termination, the termination meeting, and any communications between the parties.

It's important to note that there are some limitations and exceptions to these steps, depending on the specific situation. For example, if the employee is a contractor or has a collective bargaining agreement, the termination process may be different. Hence, it is advisable to consult with a licensed attorney if you have any questions or concerns about terminating an employee in California.