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You sure no Termination Letter is required in CA? California

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  • You sure no Termination Letter is required in CA? California

    I have read these forums, but still unsure. That seems hard to believe that in a pro-employee state such as California would not require an employer (we are 20,000+) and explanation of why they are being terminated.

    Is someone with knowledge in this able to confirm this? I was given a certified letter from the discharged employee demanding an explanation of why we fired him. I do not have to give the worker any documentation whatsoever explaining why? Just the necessary COBRA documentation?

    Thanks,

    Patty

  • cbg
    replied
    With the exception of unemployment information in a few states (MA and GA come to mind as well as CA and I believe TN) there is no state where an employer is required by law to give a termination letter as a matter of course. There are states where an employer is required to provide, on WRITTEN REQUEST, a service letter stating, among other things, the reason for termination.

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  • calivaria
    replied
    Hi Betty:

    Thanks for much for your prompt reply. That's great news. We did have to do that where I worked before (different state though).

    We did not, however, furnish the discharged employee with a notice of change in employee relationship. What could happen? How should we correct this?

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  • Betty3
    replied
    No termination letter is required in Ca.

    In California you do have to furnish employee with a notice of change in employee relationship form for *unemployment ins. purposes.*
    California Code of Regulations, title 22, section 1089-1, subdivisions (d)(1) and (2) state in relevant part:

    "(d) When an employer discharges, lays off, or places an employee on leave of absence, the employer shall give to the employee the following notices:

    (1) Written notice of his or her unemployment insurance benefit rights by providing the pamphlet identified in subdivision (b)(3) of this section. The notice of unemployment insurance benefit rights shall be given no later than the effective date of the action;

    (2) Written notice regarding the change in the employee's status. The notice of change of status shall be given no later than the effective date of the action and shall contain at a minimum:

    (A) The name of the employer;

    (B) The name of the employee;

    (C) The social security account number of the employee;

    (D) **Whether the action was a discharge, a layoff, a leave of absence, or a change in status from employee to independent contractor**; and

    (E) The date of the action."

    Public utilities are the only employers required upon request by the discharged employee to give the employee a letter stating the period of service and the kind of service rendered by the employee.

    D above is very general information (no details necessary - just one of the choices notes) & is for UI benefits purposes.

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