Termination Questions & Answers

Want to avoid problems when terminating an employee? How to end the employment relationship with proper guidance and required paperwork.

At-will Employees

• May I fire someone based on at-will status?
• May I fire someone for complaining about working conditions?
• May I fire someone whenever I want if she is within her introductory hiring period?
• May I terminate an employee for absenteeism?

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COBRA and HIPP Notices

• Do I have to provide terminating employees with a HIPP Notice?
• How long does a person have to decide whether or not to elect COBRA?
• What are COBRA and Cal-COBRA and who must comply?
• What are the COBRA rights of an employee and spouse at retirement?
• What happens if someone does not make the COBRA payment on time?

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Final Paycheck

• How long do I have to provide a final paycheck?
• What happens if a final paycheck doesn't get to an employee on time?
• Can I release a final paycheck to an employees family member?
• An employee will be terminated tomorrow morning upon arrival; do I have to pay anything?
• How do I factor bonuses into premium pay for terminated employees?

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Layoffs and Plant Closings

• Do I have to follow the WARN Act if someone buys my business?
• We're planning a layoff. What are the issues we should consider?
• What happens if I do not follow the requirements of the WARN Act?

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Unemployment Insurance

• Am I required to provide a written termination notice for the UI program?
• Can a former out-of-state employee collect California UI?
• Can an employee quit and still receive UI?
• Can I appeal or protest a decision awarding UI if I still think I should not have to pay?
• Do I have to post a UI poster and distribute UI pamphlets?

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Staying Out of Trouble

• What are the risks of rescinding an offer of employment?
• Can I fire an injured worker?
• Can I lay off active-duty military personnel?
• Can I fire someone while they are on workers' compensation?
• Can I terminate someone for being incarcerated?

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