What all should a Termination Letter Template Comprise of

in #law4 years ago

Being an employer you need to be aware of the California employment laws. It is because various laws protect an employee against wrongful termination of service. So, whenever you issue a letter of termination to the employee you should have a valid reason for doing the same because it can also land you into a legal pitfall which you must not have ever expected. Apart from that the first and the foremost thing that you are supposed to do before terminating any employee is to hold a meeting with that particular employee and let them know that they are being fired.

Letter of Termination should be short and To the Point-

This meeting is also called a separation meeting only after which you can issue a termination letter to the employee. Now, many employers don’t know how to fire an employee letter template. So, let me tell you that there are various kinds of letter templates of termination which you will get online. But your letter of termination should be strictly short and to the point. You don’t have to go to the extent of mentioning a whole lot of behavioral patterns of the employee or his conduct and why you are terminating him.

Severance Pay & COBRA –

You can simply mention in the termination letter about the company’s rule which has been violated and there has been reduced performance or excess of absenteeism in his work. Also, you should mention the severance pay and COBRA details in your letter of termination. Plus, it will be good if you mention the payments which will be paid in the normal pay cycle. You can also discuss or finalize the wages in the separation meeting which you will hold before issuing a termination letter. Though California is an at-will state, where the employers can terminate the employee even without a just cause, still I suggest you should have a valid reason for the same.

Surrendering of Benefits –

It is because issuing a termination letter has been made legal and mandatory in California. And doing unjust termination can land you in a legal battle because many laws protect the employee against wrongful termination of the service. Plus, you should mention in your letter to surrender all the benefits of the company back to the office before getting terminated. The benefits may include a home, mode of transportation, mobile phones, and laptops, etc. You can prepare a checklist of the same beforehand.

Finalize the Payments –

Plus, it will be equally good if you finalize the payments/wages of the employee beforehand. Don’t take any short cuts in payments except for deducting the payments for leave. The employee can anyway go and approach the Court of Law for wrongful termination of service even if it is a furlough. And you will be made to pay monetary compensation to the employee. You must give a termination letter so that the employees can also have other forms of non-employment benefits and health benefits (for which you are supposed to give details and compensation as per the COBRA.

Final Words –

If you want you can issue a lay-off letter due to the pandemic. But your reasoning in the termination letter should be pretty valid and rightful. Plus, you should make full payments and provide information related to the COBRA and severance and other wages necessary to the employee. So, the employee is satisfied.

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