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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Quick review of termination requirements in California for

Customer Question

Quick review of termination requirements in California for an "at will" employee
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

What specific information are you seeking please? Whether an employer must follow a specific procedure in terminating an at-will employee?

Customer: replied 4 years ago.

Yes, just anything I'm missing (I'm the employer) that the employee could potentially sue for, i guess. We have some communication about poor performance, and lots of evidence of it. But I can't give this person more notice, need to let them go later today!


 


Thanks

Expert:  Tina replied 4 years ago.
I see. Thank you for the additional information, Alex.

Since you are terminating the employee, you should typically pay them all wages/vacation pay due at the time of termination under CA law. You should also provide them with written notice of when any benefits you provide will be terminated.

If you provide health insurance benefits, they should receive a notice of their right to elect COBRA coverage at their expense within 14 days of the employee's termination.

If you have less than 20 employees, this would normally be required under Cal-COBRA. Here is a link that provides more information on that:

http://www.hmohelp.ca.gov/healthplans/gen/gen_mccn.aspx

If you are concerned that the employee may pursue legal action against you, you may wish to consider offering a small severance package and continuation of benefits until the end of the month in return for a signed release of claims.

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Tina

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