California Termination Checklist

Under California law, employer must provide to employee: Notice to Employee As To Change In Relationship, Final Paycheck, Notification of Coverage Options, Notice of COBRA Continuation Rights, COBRA Election Notice, HIPP Notice, and Notice of Retirement Benefits.

By Douglas Wade, Attorney

Email  |  Call (800) 484-4610

Why Is It Important to Have a Termination Checklist?

Every business in California should be prepared to manage the termination of an employee, which can be a delicate legal procedure. This article will help employers comply with the various laws affecting the termination process. Without guidance, employee termination can be a challenging hurdle. Whether it is the termination letter or the severance pay, there are many ways in which an employer can improperly perform a termination. Such a failure can be countered with a lawsuit. It is therefore important to have a consistent and proper termination process to avoid legal fallout.

Terminating a worker can create a number of legal issues for an employer. Of course, it is impossible to ensure that a worker will not file a lawsuit against a company. However, using a checklist can help the employer avoid possible legal problems. An employer should be sure to identify issues and go over them with an experienced lawyer before deciding to terminate an employee.

What Should an Employer Do Before Terminating an Employee?

Prior to meeting with an employee for their termination, an employer should examine the individual’s past work reviews to check whether there are documented issues with performance. Ideally, there will be a written record that proves the employee is aware of managerial and supervisory concerns so that he or she is not surprised by the decision. If the company decides to proceed with the firing, having exhausted all other options, then he or she should let payroll know to issue the worker’s last paycheck. This the employer will hand to the employee at the very end. But an employer should also be careful to protect the business prior to firing the employee in question.

Create Clear Policies

Through job announcements, employee handbooks, and interviews, it should be clear that the employer is at-will. This means that employment can be ended at any time and for any reason.

Review All Options First

Before terminating an employee, an employer should try to improve the worker’s performance through feedback. Perhaps place the employee on an improvement course to assist them. Ensure that workers have the training and tools necessary to complete their duties.

Avoid Discrimination

If an employer terminates an employee for a certain reason, then this should apply to all workers. The employer should record the rationale behind the decision and offer past instances that were negotiated with the worker before deciding to fire them.

Federal Law Requirements

Consolidated Omnibus Budget Reconciliation Act (COBRA) Election Notice

Election notices under COBRA offer a method by which employees and their loved ones can keep their work health insurance in the event of reduced working hours or job loss. When it comes to companies with twenty or more workers, the day prior to an employee’s termination, a COBRA notice must be given to workers who participate in the company’s health insurance and to dependents covered on the employees’ plan.

The Worker Adjustment and Retraining Notification (WARN) Notices

The WARN Act concerns companies that have more than one hundred full-time workers or one hundred part-time and full-time workers who work four thousand hours per week in total. The act is meant to offer workers enough time to change between their old and new jobs. Should a covered company plan to perform a large-scale layoff or to close a location, the WARN Act mandates that they give the affected employees 60 days advanced written notice at a minimum. While an employer is free to deliver the notice in writing in the manner they please, they may not include preprinted notices in the employees’ pay envelope or paycheck. Also, the act does not allow verbal notices.

Retirement Benefits Notice

When it comes to employers that provide their workers with retirement plans, the IRS mandates that these companies notify former workers that they maintain these benefits within 90-180 days after the end of employment. Administrators of the plan need to give employees particular written details about the plan. This notice has to explain an employee’s right to postpone getting their account balance, as well as the negative effects of withdrawing money from a retirement plan too soon. The forms that are given to former employees need to inform the individual of their benefits, as well as how to get them.

California Law Requirements

Notice to Employee as to Change in Relationship

When terminating an employee, employers must give them a Notice as to Change in Relationship, which is required by California Unemployment Insurance Code Section 1089. Alternatively, an employer may create their own form that says the same thing. The notice does not have to be provided when the worker quits, leaves voluntarily, or takes a different job at the same organization.

Download PDF

Final Paycheck

An employer is required to pay an employee all compensation owed upon termination. It is important to ensure that final compensation includes earned bonuses, vacation pay, and commissions.

If a worker quits with less than seventy-two hours’ notice, the company has seventy-two hours (three days) from the employees’ resignation to supply the last paycheck. When an employer does not produce the last paycheck in a timely manner, they may incur a waiting time penalty. This is the employee’s normal wages for every day (up to 30 days) after the last paycheck ought to have been issued.

It should be noted that the above penalty does not count as wages, so no deductions are taken from the fine.

Coverage Options Notification

All public and private employers have the responsibility to provide a review of employer-sponsored health coverage or an explanation of benefits to all eligible employees. This duty includes offering information for preferred provider groups and health maintenance organizations. According to the California Labor Code Section 2808, all employers are required to “provide to employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment terminates.”

California’s Programs for the Unemployed Pamphlet

Companies are required to provide terminated workers with a pamphlet entitled “For Your Benefit: California’s Programs for the Unemployed.” This pamphlet describes various unemployment benefits. It should be provided at the time of termination.

Cal-COBRA Continuation Rights Notice

Cal-COBRA is a law that permits an individual to keep their group health insurance provider at the end of their employment or if their hours are reduced. It may also be relevant to individuals who have used up their Federal COBRA. Companies are required to inform departing workers who may have employer-sponsored healthcare of their continuation rights under COBRA. Under the law, Cal-COBRA should be given to both terminated workers of small companies (two to nineteen workers), as well as big companies (twenty or more workers).

Notice of Health Insurance Premium Payment (HIPP)

The HIPP program is an optional premium reimbursement program that falls under Medi-Cal. It is administered by the California Department of Health Care Services. If an individual has recently lost their job and thus qualifies for benefits via Medi-Cal, or an individual is the parent of someone who is eligible for these benefits, then he or she may be able to get compensation for their current cost-sharing and private insurance premium. Companies with twenty or more workers are required to provide information to qualifying employees with coverage under this program.

California Worker Adjustment and Retraining Notification (WARN) Notice

The WARN Act is applicable for California companies that have has seventy-five or more part-time and full-time employees over the past 12 months (including workers who have been employed for a minimum of half of the previous year). California employers are required to give notices to impacted workers, as well as email the notice to eddwarnnotice@edd.ca.gov and notify other indicated state officials and agencies.

What Are the Final Steps in the Termination Process?

In general, employers should take these steps when dealing with departing employees:

  • Retrieve Company’s Property. Ensure the employee returns company property, including keys, employee IDs, keycards, and so on. If a worker can access company debit or credit cards, be sure to close or cancel these accounts once the employee has left.

  • Stop Access to Company’s Electronics, Software, Apps. End a terminated worker’s access to business email accounts, which includes those accessible on phones and laptops. Take steps to make sure the individual cannot access or remove private information in either electronic or physical format. After separating with the worker, let IT know of the precise time and date when the worker’s access should be blocked. All access to the building and computer systems should be blocked, including disabling keycards and passwords.

  • Briefly talk about the decision with workers who should know. You may talk to HR and other managers about the rationale. That said, the rationale should otherwise be kept private and must be managed with discretion and compassion. Going into details could cause big problems for the company.
  • Update records, payroll, HR software, and any records pertaining to the end of employment. Maintain payroll records and taxes, in addition to any records that provide the rationale for termination. These should be kept for four years minimum.
  • Termination meeting or exit interview. In general, this is the information that should be in the letter of termination:
    • Employee name
    • Employee position
    • Company name
    • The manager supervising the termination
    • Termination date
    • Decision rationale
    • Previous warnings
    • What items should be returned
    • Information about final paycheck and benefits

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Can Owners Take Tips in California - A Complete Guide to State Tip Laws and Employee Rights

Can Owners Take Tips in California? A Complete Guide to State Tip Laws and Employee Rights

Find out when California business owners can share in tips, how tip pooling works, and minimum wage obligations. Get a breakdown of employee tip rights, illegal practices, service charges, penalties, and protection options for California workers.
Right to Disconnect Laws in California - AB 2751 for Employers and Employees

Right to Disconnect Laws in California: AB 2751 for Employers and Employees

See how California's AB 2751 right to disconnect bill could reshape after-hours communication between employers and employees. Review potential effects on work-life balance, stress, productivity, and compliance planning as organizations anticipate possible enforcement.
Defamation California - Key Laws, Legal Defenses, and Damages Explained

Defamation California: Key Laws, Legal Defenses, and Damages Explained

Get an overview of California defamation law, including libel, slander, negligence standards, and the difference between public and private figures. Review key defenses, retraction rules, and available damages such as actual, compensatory, punitive, and emotional distress awards.
What Is a Level 1 Background Check and How It Differs from Level 2

What Is a Level 1 Background Check and How It Differs from Level 2

See what a Level 1 background check covers and how it compares with a Level 2 screening for hiring. Get clear facts on definitions, state lookback limits, and how better screening supports safer workplaces and less fraud.
California Vacation Rollover Law - Employee Rights, Accrued Time, and Pay Rules

California Vacation Rollover Law: Employee Rights, Accrued Time, and Pay Rules

This article covers California vacation rollover rules, employee rights, accrued PTO, payout duties, and employer limits under state law. It explains how unused vacation counts as wages, when employers must pay it out, and options for unpaid wage claims.
SB 553 CA - New Workplace Violence Prevention Requirements for California Employers in 2025

SB 553 CA: New Workplace Violence Prevention Requirements for California Employers in 2025

Get a clear overview of California SB 553 workplace violence prevention rules and new obligations for employers starting in 2025. See what policies, training, recordkeeping, and enforcement changes SB 553 brings for injury prevention plans and compliance efforts.
Labor Code 226.7 - California Meal and Rest Break Requirements and Employer Penalties

Labor Code 226.7: California Meal and Rest Break Requirements and Employer Penalties

California Labor Code 226.7 explains meal and rest break rules for non-exempt employees and what employers must pay when breaks stop. See how missed breaks trigger premium pay, wage claims, penalties, and class actions for violations of California break requirements.
Building an Onboarding Packet That Welcomes and Retains Employees

Building an Onboarding Packet That Welcomes and Retains Employees

Create an onboarding packet that welcomes new hires, sets clear expectations, and supports lasting engagement and retention. Include culture details, training tools, policies, and thoughtful gifts to lower turnover and reduce hiring costs.
Complete Guide to New Employee Paperwork - Required Forms and Documents for 2025

Complete Guide to New Employee Paperwork: Required Forms and Documents for 2025

Make new employee paperwork for 2025 easier with a clear checklist of required hiring forms, documents, and compliance steps. Support HR and small business owners with practical tips for organizing onboarding packets, benefit elections, direct deposit, and policy acknowledgments.
Paid Time Off California - Laws, Accrual, Vacation Pay, and Employee Rights

Get clear guidance on paid time off in California, including PTO laws, sick leave rules, accrual, and vacation payout obligations. See how California PTO rules affect vacation requests, paid sick leave, layoffs, FTE status, cash-outs, and employee rights.
Can employers test for THC in California for hiring and workplace safety

Can employers test for THC in California for hiring and workplace safety?

See when California employers may test workers for THC under AB 2188 without violating state protections for off-duty cannabis use. Review allowed testing methods, safety-sensitive role policies, and steps to align workplace drug testing programs with current impairment standards.
California notice to employee as to change in relationship - Requirements, legal steps, penalties and sample notice

California notice to employee as to change in relationship: Requirements, legal steps, penalties, and sample notice

This article outlines California's notice rules for changes in employment status and the steps employers must follow. It also covers required details, timing, penalties, and includes a sample notice for practical use.
Bulletproof Documentation for Employee Records - Reduce Legal Risk and Stay Compliant

Bulletproof Documentation for Employee Records: Reduce Legal Risk and Stay Compliant

Keep employee documentation compliant and consistent to reduce legal risk and protect HR, managers, and staff. Use clear records, performance reviews, and PIPs to support decisions, track progress, and maintain workplace accountability.
Workplace Coaching - Benefits, Styles, and Methods to Improve Performance

Workplace Coaching: Benefits, Styles, and Methods to Improve Performance

Workplace coaching boosts employee performance, strengthens leadership, and encourages a culture of continuous growth within organizations. It refines communication, teamwork, and motivation while improving organizational effectiveness and satisfaction.
Essential Job Functions and the ADA - Insights from the Tenth Circuit Decision

Essential Job Functions and the ADA: Insights from the Tenth Circuit Decision

ADA case from the Tenth Circuit upholds employer-defined job duties when safety and security risks are significant. It clarifies accommodation limits and supports consistent qualification standards without lowering business requirements.
California Pay Transparency Law SB 1162 - Employer Rules, Compliance, and Penalties

California Pay Transparency Law SB 1162: Employer Rules, Compliance, and Penalties

California’s Pay Transparency Law SB 1162 requires employers to disclose pay ranges, maintain records, and submit annual wage reports. Non-compliance can result in financial penalties, lawsuits, and reputational damage for businesses across California.
Is Holiday Pay Double Time - Rules, Calculations, and Eligibility

Is Holiday Pay Double Time? Rules, Calculations, and Eligibility

Holiday pay rules, double time vs time-and-a-half, eligibility, and calculations, including Massachusetts and Rhode Island requirements. Guidance for employers and HR on policies, paid holidays, overtime, hourly and salaried staff, and payroll timing.
How to Apply for Temporary Disability in California - Eligibility, Payments, and Filing Steps

How to Apply for Temporary Disability in California: Eligibility, Payments, and Filing Steps

California employees may qualify for temporary disability payments through SDI when a certified medical condition stops them from working. Check eligibility, typical benefit amounts for 2025, and filing steps with the EDD to submit a timely, complete claim.
How Much Does Disability Pay for Obesity - ADA Recognition, Legal Cases, and Employer Implications

How Much Does Disability Pay for Obesity? ADA Recognition, Legal Cases, and Employer Implications

Obesity as a disability: ADA recognition, benefit eligibility, and real legal outcomes. Guidance for employers on policies, accommodations, and risk.
California Right to Work - State Status and Union Rules

California Right to Work: State Status and Union Rules

California lacks a right-to-work law, so private employers may require union membership or dues as hiring conditions. See California’s rules, failed initiatives, and how they differ from right-to-work states.
Paid Parental Leave California - 2025 Updates, Employer Rules, and Employee Benefits

California’s 2025 Paid Parental Leave updates increase wage replacement and flexibility for workers bonding with a child or caring for family. Employers gain clarity on obligations, benefit coordination, and compliance under the revised Paid Family Leave and Disability Insurance programs.
CA Sick Pay Law 2025 - Employer Requirements & Employee Rights

CA Sick Pay Law 2025: Employer Requirements & Employee Rights

California’s 2025 sick leave law mandates at least 40 hours or five days of paid leave for eligible employees. Get clear rules on accrual, usage, carryover, anti-retaliation protections, and notice requirements for employers statewide.
California Rest Break Law 2025 - Worker Rights, Violations, and Penalties

California Rest Break Law 2025: Worker Rights, Violations, and Penalties

California Rest Break Law 2025 protects workers’ rights to duty-free meal and rest periods across all industries. Employers face penalties, premium pay, and legal actions for break violations under California Labor Codes 512 and 226.7.
CA Bereavement Leave 2025 - AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

California AB 1949 requires employers to provide up to five days of bereavement leave for eligible employees in 2025. It covers eligibility, paid versus unpaid time, documentation rules, employer obligations, and compliance risks for California businesses.
Pre-Employment Drug Test California - Laws, Requirements, and Employer Guidelines

Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

California employers can require pre-employment drug testing under strict regulations, with exceptions for safety-sensitive roles and federal compliance. Workers have rights regarding confidentiality, fairness, and contesting results, and businesses must update policies for California’s new marijuana laws.
Does California Drug Test for Weed - AB 2188 Employment Rules

Does California Drug Test for Weed? AB 2188 Employment Rules

California AB 2188 limits employer drug testing for non-psychoactive marijuana use and permits impairment and active THC testing. Beginning January 2024, most employees gain workplace protections, though safety-sensitive and federally regulated positions remain exempt.
Make Up Time in California - Rules, Overtime Exceptions, and Employee Rights

Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Make-up time in California lets non-exempt employees offset missed hours without losing pay under defined legal rules. This guide covers overtime exceptions, employee rights, and employer duties for make-up time requests under state labor laws.
California Tipped Minimum Wage - 2025 Rates, Laws, and Employee Rights

California Tipped Minimum Wage: 2025 Rates, Laws, and Employee Rights

California servers must receive the full state minimum wage of $16.50 per hour in 2025, plus any earned tips. Employers cannot take tips, pay below the minimum wage, or violate California Labor Code protections for tipped workers.
Regular Rate of Pay in California - Overtime, Meal and Rest Break Premiums, and Employer Compliance

Regular Rate of Pay in California: Overtime, Meal and Rest Break Premiums, and Employer Compliance

California employers must calculate overtime, meal, and rest break premiums using the regular rate of pay, including bonuses and incentives. Miscalculating regular rates can result in lawsuits, penalties, and compliance risks, making accurate payroll practices vital for businesses across the state.
Overtime Tax Rate California - Overtime Pay and Taxes in 2025

Overtime Tax Rate California: Overtime Pay and Taxes in 2025

Overtime pay in California is taxed like regular income, with brackets based on total annual earnings. For 2025–2028, a temporary deduction lets workers write off up to $12,500 ($25,000 joint) of qualifying overtime.

Free Consultation