Pleasanton Employment Lawyers Provide Training on Terminating Employees
Providing practical instruction to employ due process and avoid the appearance of bias
Sometimes, employer-employee relationships simply don’t work out, and the company must part ways with a worker. In California, most employment is at-will, meaning a company can fire the worker for any reason, or no reason at all, as long as it’s not for an illegal reason. However, workers have many protections against various forms of discrimination, so even the appearance of bias can trigger litigation that becomes costly no matter who prevails. Companies also enter into contracts with executive talent. The company must show cause for terminating such individuals, otherwise face allegations of a breach of contract. At Garcia & Gurney, A Law Corporation in Pleasanton, our employment law attorneys provide training for management on the best practices for terminating employment. We provide training that is proven to facilitate the separation of problematic workers, all while protecting the company from legal consequences.
What is required when terminating an employee in California?
There is no notice requirement to terminate an at-will employee. Termination can be immediate. However, it is vitally important to document the reasons for termination and to inform the employee of those reasons, or the matter could escalate. Creating a “paper trail” leading to termination can protect your organization from allegations of bias.
California law requires that workers be paid all wages within a certain period of time, up to 72 hours depending on circumstances. Employers must also provide final documentation, which can include:
- Notice to Employee as to Change in Relationship — Written notice that an employee has been terminated or laid off.
- Notification of Coverage Options — Information on options for extending employer-sponsored insurance coverage.
- Pamphlet on California’s Programs for the Unemployed — Contains information about unemployment benefits.
- Notice of Cal-COBRA Continuation Rights — Instructions on how to maintain healthcare coverage through Cal-COBRA.
- HIPP Notice — Health Insurance Premium Payment Notice to Terminating Employees.
- WARN Notice — Informs workers of their rights under the California WARN Act.
There are additional requirements under federal law:
- COBRA Election Notice
- Worker Adjustment and Retraining Notification (WARN) Act Notice
- Notice of Retirement Benefits
An experienced employment attorney at our firm provides comprehensive guidance on all legally mandated steps when terminating an employee.
What are the benefits of training on employee termination?
It’s never easy to separate a worker from an organization. However, the way you approach employee discipline up to and including termination is important for:
- Maintaining workforce morale
- Reinforcing company values
- Avoiding litigation
When organizations mismanage terminations, the consequences can have a ripple effect, damaging operations, productivity, corporate culture, employee retention and recruitment.
How our firm can help in cases of wrongful termination in CA
If an employee feels their firing was discriminatory, based on race, religion, gender, color, national origin, ancestry, disability, medical condition, marital status, age (over 40), sexual orientation or denial of family medical leave, the company could face a wrongful termination lawsuit. These suits can be costly and can damage a company’s reputation, making it more difficult to recruit and retain talent. If you are faced with a wrongful termination complaint, our employment law attorneys can take decisive steps to protect your organization. We have decades of experience representing companies of all sizes in employment matters, so you can rely on our guidance and our litigation skills.
Contact our Pleasanton law firm in for employee termination training
Garcia & Gurney, A Law Corporation in Pleasanton provides training on company termination processes. To learn more about how we can help you, call us today at 925-468-0400 or contact us online.