Within the State of California, employment may be terminated at the will of either party. Some aspects of separation agreements may not be legal in the state of California, which has particularly strong protections for workers.Termination Checklist for California Employers includes Required Notices, Final Pay and Accounting and Severance Agreement Considerations. The first step in the wage complaint process is to fill out a Form 1 labor board complaint. You will typically need to also fill out a Form 55 attachment. There are certain key activities to perform and forms to fill out before, during and after a termination of an employee takes place. Under California Labor Code section 201, when an employee is discharged (or fired), the employee's earned and unpaid wages become due and payable immediately. Yes, you are entitled to the waiting time penalty in the amount of 10 days' wages. To pursue a wrongful dismissal claim, you must demonstrate that your employer terminated you in violation of California labor laws or public policy. California is an atwill employment state, and this applies to those who work in the office or work remotely.