How To: Terminate an Employee
Lodi Chamber Business Tools HR Resources are provided by CalChamber's HR California and are intended for the use of Lodi District Chamber of Commerce members only.
Terminating an employee should not be done without careful thought and planning. Despite the fact that California is an “at-will” employment state, meaning that either the employer or the employee can end the employment relationship at any time with or without warning, the terminated employee may decide to file a wrongful termination lawsuit.
Although employers can’t prevent such a lawsuit from being filed, employers can take certain steps to at least limit their exposure to wrongful termination lawsuits.
There are certain key activities to perform and forms to fill out before, during and after a termination takes place.
Review Termination Decision
Use the Termination Decision Checklist to be sure you understand all activities that must occur for the termination to comply with state and federal laws.
Provide Appropriate Employee Notices
You must provide the employee with certain notices, including the “For Your Benefit, California’s Program for the Unemployed” pamphlet from the Employment Development Department.
If you offer health insurance and have 20 or more employees, you also must fill out and provide the employee with the appropriate Consolidated Omnibus Budget Reconciliation Act (COBRA) forms.
Use the Termination Checklist to make sure that you have completed all legally required forms.
Prepare the Final Paycheck
Prepare the employee’s final paycheck. Use the Final Paycheck Worksheet for help. The final paycheck must include all wages and accrued, unpaid vacation. If you terminated the employee, you must provide the final paycheck on the employee’s last day of work.
The HR Resources Guide contains data from the Cal Chamber HR California website and other sources. It is intended for the private use of members of the Lodi District Chamber of Commerce only, and is not to be duplicated without consent from Cal Chamber and the Lodi District Chamber of Commerce. All forms must be requested from the Lodi District Chamber of Commerce, and will be provided upon confirmation of membership status.