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A termination letter is a letter from an employer to an employee containing pertinent details surrounding their termination. It is typically used as a formal notice to the employee and an official record of the fact they have been terminated.
A termination checklist is an outline, master list if you wish, that lists what needs to be done at what stage when an employee is leaving your employ.
The documentation serves two purposes. First, it helps the employer remember why it terminated the employee, especially in situations where the original decision makers are no longer with the employer. Second, it will help the employer defend challenges to the termination decision (e.g., a discrimination claim).
Step 1: Document the Termination Reason. This is the most crucial step when firing an employee, as missing this step can land you in legal hot water should an employee sue you for wrongful termination. Without documentation, a court will almost always favor the employee.
Such documents may include, but are not limited to: attendance records, performance reviews, disciplinary records, signed employee acknowledgment of company handbook and other policies, offer letters, employment agreements, restrictive covenants, and incentive compensation plans. Procedures For The Termination Meeting.
California Requirements No written notice is required if it is a voluntary quit, promotion or demotion, change in work assignment or location (some changes in location require a WARN notice), or if work stopped due to a trade dispute.
California law requires employers to pay a terminated employee all sums owed immediately upon termination. The terminated employee's final paycheck must also include accrued vacation time, if your company offers paid vacation.