What are the steps I need to take to terminate an employee in California?
By
To terminate an employee in California, an employer must follow the state's employment laws and regulations. The following steps should be taken:
- Ensure that the termination is non-discriminatory: Employers should ensure that the reason for the termination is non-discriminatory based on employees’ protected characteristics such as race, gender, age, disability, religion, pregnancy, and national origin.
- Provide a valid reason for the termination: Unless an employee is under a contract for a fixed amount of time, they are usually at-will employees, meaning they can be terminated with or without cause. However, employers should provide a valid reason for a termination to avoid potential legal issues.
- Comply with notice requirements: California law requires employers to provide written notice to terminated employees, including the reasons for termination, final wages, and accrued but unused vacation time.
- Provide final paycheck: Employers must provide the final paycheck upon termination, including any outstanding salaries, bonuses, commissions, and accumulated vacation days.
- Offer continued benefits: Employers must offer to continue health insurance benefits to terminated employees under certain circumstances.
- Follow company policies: Employers should follow company policies and procedures that outline the termination process, including the notification period, exit interviews, and producing nondisclosure agreements if appropriate.
- Collect company property: All company property must be collected from the terminated employee, including keys, access badges, computers, and vehicles.
- Train HR team: Having trained HR professionals in place can ensure that your company is in compliance with the latest California employment laws.
It's important to note that there are potential limitations and exceptions to these steps. For example, if an employee belongs to a union or is covered by an employment contract, then additional requirements, such as providing a specific period, may be in place for notice or severance packages. In addition, it's best to consult with an experienced California employment lawyer to ensure that all legal requirements are met, avoiding any potential legal risks for the employer.
