Discipline & Termination

Making and carrying out a decision to discipline or terminate an employee are two of the most difficult tasks supervisors or managers face. This section helps you make sound decisions about employee performance and behavior. It also helps you avoid legal pitfalls when it becomes necessary to discipline or terminate an employee.

Though at-will employees may be terminated at any time and for any reason, unless it's an illegal reason, employers may want to consider some general best practices related to disciplinary decisions and termination.

Categories of Disciplinary IssuesCategories of Disciplinary Issues
Employers often divide violations into categories, differentiating between behavioral and performance issues and issues that involve dishonesty.

Making a Disciplinary DecisionMaking a Disciplinary Decision
Some disciplinary actions arise from allegations of misconduct, such as theft, misuse of company property or disclosing confidential information.

At-Will EmploymentAt-Will Employment
In California, the relationship of employer and employee is generally “at will.” This means that, without an employment contract, the employer or the employee can terminate the employment relationship at any time, with or without cause.

When You Cannot TerminateWhen You Cannot Terminate
California’s at-will employment presumption has been significantly diminished by legislation and by state and federal court decisions.

Avoiding a Wrongful Termination LawsuitAvoiding a Wrongful Termination Lawsuit
Even the best discipline procedure does not guarantee that you won’t face wrongful termination lawsuits, nor does it guarantee that you are free from liability relating to wrongful termination.

Avoiding a Public Policy ViolationAvoiding a Public Policy Violation
Wrongful discharge in violation of public policy means that an employee was terminated for an unlawful reason that violates explicit state or federal government public policy.

Final PayFinal Pay
Failing to provide a terminating employee with their final paycheck in a timely manner can subject you to waiting time penalties. The time requirement to pay the employee depends on a number of factors.

Exit InterviewExit Interview
An exit interview is not required by law. An exit interview is a chance for you to learn from a departing employee his/her employment experience with your company.

Employee NoticesEmployee Notices
Any time the employment relationship is terminated, you must meet certain requirements. You should consider several termination-related issues.

LayoffLayoff
With the exception of certain California laws restricting laying off some janitorial and building service personnel and other displaced workers, no law dictates how you select workers for layoff.

Mass Layoffs and Plant ClosingsMass Layoffs and Plant Closings
Federal law requires advance notice of mass layoffs under the Worker Adjustment and Retraining Notification Act (WARN). California has its own version of the WARN Act. The two laws contain some distinct differences.