Do you need to terminate one of your employees? If so, it is vital that you do so legally and professionally. Improper firings can lead to lawsuits and may impair your ability to service your clients.
California employment lawyers generally recommend following these four steps when terminating an employee:
Plan the Transition
Before you let your employee go, you would be wise to take some time to figure out how your organization will move forward without them. In some cases, you may be able to transfer their duties to another member of your team. In others, you might have to hire new workers to pick up the slack.
The employee’s direct manager or supervisor should be able to let you know what you will need to do to ensure a smooth transition.
Prepare the Final Payment
It is always smart to prepare the worker’s final payment before you inform them of their termination.
The state of California requires employers to pay their workers their entire owed paycheck on the day of their termination. The payment must include regular wages, accrued PTO, and business expenses.
If you fail to pay your terminated employee in a timely manner, they might be able to take legal action – and you may face penalties from the state.
Should you need help figuring out how much you owe your employee, you can reach out to a knowledgeable accountant or business attorney in San Diego.
Inform the Employee of Their Termination
Once you have all your ducks in a row, you will need to hold a meeting to inform the worker of their termination. During this meeting, you should:
- Tell them their services are no longer required in a respectful and professional manner.
- Hand them their final payment.
- Ask them to return all company property.
- Avoid making any illegal or unethical statements about their firing or their employment.
You can ask a California employment lawyer to witness the termination or speak on your organization’s behalf if you are worried the individual might take legal action in the future.
Issue a COBRA Notice
Depending on the size of your company, you might be required to provide terminated employees with a written COBRA notice. This notice tells them how to continue using their health insurance coverage after their firing.
In most cases, you must provide COBRA documentation within 30 days of the individual’s firing. Any delays in the notification process might result in penalties for your company.
You will also need to let your organization’s health insurance provider know about the employee’s termination in a timely manner.
Your Knowledgeable California Business Lawyer
Do you need a skilled business attorney in San Diego to walk you through the process of firing an employee? If so, please do not hesitate to contact the Semanchik Law Group. Our team has been assisting organizations like yours with projects of this nature for many years. To learn more about our services, all you need to do is give us a call at (619) 535-1811 or send us a message online.