To terminate or not terminate?

We receive calls weekly, sometimes daily, with questions from clients regarding how to handle employee terminations. Keep reading for our most commonly asked questions. 

Q1: I want to terminate my employee today. What do I need to provide them?

A: Assuming the reasons for termination are lawful, you must provide the employee with the required paperwork along with their final paycheck on their last day of work. Required paperwork in California includes an acknowledgement of final pay, HIPP Notice in their preferred language, change in relationship form, and Form DE 2320 from the EDD regarding unemployment benefits.

Q2: My employee just told me today would be their last day! What do I do now?

A: In this scenario, the employee is the “moving party.” If no advanced notice was given, you have 72 hours to provide the employee with their final check and required documents (for list of required documents, see question 1). 

Q3: My employee has been late on numerous occasions, despite several verbal warnings. Can I let them go today?

A: The short answer here is yes. While there are many scenarios that can play into an employee being late, in this particular scenario, the key is documentation. Do you have dates and other supporting details? If you have met with the employee, have you documented these meetings in their personnel file? A record of the tardies as well as any verbal warnings should be documented and kept in the personnel file.

It is important to have a conversation with the employee prior to termination to identify the reason they are late. Also, are they 5 minutes late or 30 minutes late? What steps are they taking to improve their timeliness? Do they require some form of reasonable accommodation? These conversations are important because despite California being an at-will state, each termination must be for lawful cause.