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:

California Criminal Background Check 7-Year Rule - How It Affects Old Felony Records

California Criminal Background Check 7-Year Rule: How It Affects Old Felony Records

See how California's 7-year background check rule affects old felony records, employment chances, housing access, and licensing opportunities. Find legal options like expungement, certificates of rehabilitation, pardons, and Clean Slate reforms to limit long-term damage from past convictions.
How to Get Your Guard Card in California - Training, Steps, and Requirements

How to Get Your Guard Card in California: Training, Steps, and Requirements

Get your California guard card with step-by-step guidance on BSIS requirements, mandatory training hours, applications, and background checks. Stay updated on rule changes, online versus in-person courses, timelines, and qualifications for unarmed security guard positions.
Vacation Pay for Salaried Employees in California - Rights, Accrual Rules, and Payout Requirements

Vacation Pay for Salaried Employees in California: Rights, Accrual Rules, and Payout Requirements

Find out how California salaried employees accrue vacation pay, keep unused PTO, and claim payout when employment ends. See common employer tactics limiting vacation benefits, plus FAQs on sick leave, caps, holiday pay, and final paycheck rights.
California Salary Threshold 2026 - Minimum Wage Increase, Exempt Employee Rules, and Compliance Checklist

California Salary Threshold 2026: Minimum Wage Increase, Exempt Employee Rules, and Compliance Checklist

Stay on top of the California Salary Threshold 2026, the $16.90 minimum wage, and exempt employee pay rules. Use this practical checklist to update payroll, adjust classifications, refresh postings, and reduce wage-and-hour compliance risks in 2026.
How Long Do Employers Have to Keep W-2s - Record Retention Rules for Businesses

How Long Do Employers Have to Keep W-2s: Record Retention Rules for Businesses

Find out how long employers must keep W-2s and other tax records to stay compliant with IRS retention rules. Protect your business from penalties by organizing employment tax documents, payroll files, and historical returns for the recommended periods.
PAGA Notice Statute of Limitations - California Deadlines for Filing Claims

PAGA Notice Statute of Limitations: California Deadlines for Filing Claims

Get a concise overview of California PAGA notice statute of limitations, one-year filing deadlines, and Labor Agency review periods. See how late filing, defective notice, or ongoing wage violations can affect eligibility and outcomes for representative PAGA claims.
California Class Action Lawsuit Basics for Workers and Consumers

California Class Action Lawsuit Basics for Workers and Consumers

Get a clear overview of California class action lawsuits, including how they work for workers and consumers seeking compensation. Find out about typical case types, key legal requirements, settlement outcomes, and the benefits and risks of joining a class.
Meal Break Waiver in California - What Employees Can Agree To

Meal Break Waiver in California: What Employees Can Agree To

California meal break waiver rules explain when workers may skip lunch and when employers must provide uninterrupted, off-duty meal periods. See how waiver agreements, on-duty meals, and penalty pay work so employees protect rights and businesses follow California labor law.
Predictive Scheduling Laws - State and City Requirements for Employers

Predictive Scheduling Laws: State and City Requirements for Employers

Get an overview of U.S. predictive scheduling laws, including covered industries, key city and state rules, penalties, and employer obligations. See which jurisdictions require advance work schedules, how predictability pay works, and how HR software supports compliance with these regulations.
Harassment Training Requirements California - Employer Deadlines, Who Must Train, and Refresher Rules

Harassment Training Requirements California: Employer Deadlines, Who Must Train, and Refresher Rules

Get up-to-date California harassment training requirements for employers, including who must train, deadlines, and refresher timelines. Avoid common compliance mistakes by following California rules on sexual harassment training, protected classes, policy obligations, and required documentation.
Inside Sales Exemption California - Rules on Pay, Breaks, and Commissions

Inside Sales Exemption California: Rules on Pay, Breaks, and Commissions

Straightforward information on California's inside sales exemption, including rules on pay, overtime, breaks, commissions, and federal FLSA requirements. See how misclassification affects overtime, meal and rest breaks, back pay, and when to contact a California employment lawyer.
How Many Hours Can a Volunteer Work per Day in California - Laws, Limits, and Rights Explained

How Many Hours Can a Volunteer Work per Day in California? Laws, Limits, and Rights Explained

Find out how many hours volunteers can work per day in California under labor rules, protections, and scheduling limits. Compare volunteer and employee rights, including workers' compensation, harassment protections, discrimination safeguards, and key considerations for nonprofit and public organizations.
Show Up Pay California- Employee Rights for Being Sent Home Early or Given Short Shifts

Show Up Pay California: Employee Rights for Being Sent Home Early or Given Short Shifts

Show up pay California explains employee rights to reporting time pay when sent home early or given short shifts. Review rules, exceptions, examples, and options for unpaid wages or retaliation claims if your employer ignores California reporting time laws.
Can Managers Take Tips in California - Laws, Tip Pools & SB 648

Can Managers Take Tips in California? Laws, Tip Pools & SB 648

Can managers take tips in California, and what does Labor Code Section 351 say about tip pooling and supervisors? Find out how SB 648 strengthens enforcement against tip theft, helps workers recover withheld gratuities, and increases penalties for violations.
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.

Free Consultation