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employee termination checklist for California employers

Employee Termination Checklist For California Employers

Below are six practical tips to help Califronia employers minimize the risks of  litigation when terminating employees: 

1. Be polite and respectful when informing your employee of his termination. There is no reason to attack or humiliate the worker you are terminating. "I am sorry but we have to let you go effective immediately" is sufficient. If the worker asks why they are being terminated, you can let them know that it's due to their preformance or because things are just not working out, or "we don't think you are a good fit for out team." Going with the truth is usually a good idea. There is no reason to be mean and say things like "you are useless, you are the worst worker we have ever had, you will never amount to anything" or anything this offensive. Moreoever, there is no need to even tell the employee that he is fired. "Terminated" sounds much more respectful and less inflammatory. 

2. Consider offering the terminated employee severance in appropriate circumstances. This isn't always a good idea but in many cases offering employee severance in exchange for them signing general release and waiver of all calims can provide you with the peace of mind that you are looking for to make sure that the worker doesn't come back and file some type of claim against you after his termination. 

3. Do issue a written notice of termination. This is important to avoid any future disputes about what the termination date was and the last day that worker actually worked for you. Your termination letter can be as short as "Dear X, Please be advised that your employment is terminated effective immediately. Enclosed is your final paycheck." 

4. Pay your terminated employee timely. Issue the employee you are terminating his final check including any accured PTO immediately upon termination, as required by California law, to avoid waiting time penalties. 

5. Don't challenge that workers unemployment benefits application unless he was terminated for some kind of intentional violation of law or your company policy. Otherwise, if the employee was terminated for simply not being good enough or making mistakes, he is by law still entitled to unemployment benefits. Often, the very action of challenging the unemployment benefits application can anger your former employee and turn them from someone who was ready to move on with their life to looking for revenge, i.e. how to sue you for anything they possibly can. 

6. Consider consulting an attorney regarding terminations that appear to be risky. Each termination has its own unique circumstances. It's best to consult an attorney about the potential risks of any termination that would appear to be risky and where, for instance, that employee already threatened with legal action. Just because it appears to you that you have valid reasons for terminating that worker, this doesn't mean that the worker and his attorney can't potentially put together a case where it would appear that the same employee was fired for unlawful reasons. Timing of events alone, such as termination immediately following that employee's request for medical leave, or harassment complaint, can help build a case against you. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case