California law requires employers to provide certain documents to employees.  Here are five documents California employers should consider in developing an end of employment packet:

1. Notice to Employee as to Change in Relationship (required under California Unemployment Insurance Code 1089)

As the EDD explains:

Written notice must be given immediately to employees of their discharge, layoff, leave of absence, or change in employment status. This sample notice (PDF) meets the minimum requirements. You may wish to prepare a duplicate employee notice and keep a copy for your records. 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.

2. For Your Benefit, California’s Program for the Unemployed (published by the EDD)

3. COBRA and Cal-COBRA notices (can be obtained from health insurance provider)

4. Health Insurance Premium (HIPP) Notice (for employers with 20 or more employees, the Department of Health Care Services requires this form)

5. Documenting reason for termination (not legally required, but good practice)

Employers should establish a protocol for documenting the reason for termination.  While this does not necessarily need to be provided to the employee being terminated, the documentation is critical in defending potential litigation.  Some considerations for documenting an employee termination could include the following:

  • Is there a company policy that was violated? This is policy in writing?  Has it been distributed to the employee, and has the employee signed an acknowledgment of the policy?
  • Who was involved in the termination decision?
  • Review reasons for termination, and have clear guidelines for seeking legal counsel to avoid any potential wrongful termination or discrimination claims.

Employers need to also review their obligations and forms that are required for their particular industry or situation.