Should employees be notified in advance of termination? 90% of employers are wrong!

Regular termination: No prior notice required

California default“（At-Will Employment）”，Employers may terminate employees without notice, but must Termination procedures in accordance with labor laws and regulations： 

• Final salary to be paid on the same day (including unused vacation pay)

• Provide unemployment insurance (UI) documents

• No illegal grounds such as discrimination/retaliation are allowed

  ……

Applicable scenarios：

• Performance not up to standard (requires written record)

• Violation of company policies (such as sexual harassment, theft)

• Economic layoffs (non large-scale situations) require proof of economic reasons and fair procedures for layoffs

1. mass layoff：Trigger the Worker Adjustment and Retraining Notification Act（WARN Act）

   Applicable conditions: California companies (with ≥ 75 employees) lay off ≥ 50 employees within 30 days; Shutting down a workplace or causing large-scale employee unemployment.

   Notification requirement: Federal & California Warning Act: At least60 days written notice in advance

   Violation consequences: Compensation of $500/person/day, payment of 60 days' salary and welfare compensation, and additional legal fees for affected employees 

   
   

2. The contract stipulates a notice period. If the employment contract/employee handbook requires advance notice (such as "2 weeks in advance"), it must be followed!

MEDI remind：

Enterprises can self check whether the following situations have occurred： 

1. Does this dismissal involve more than 50 people?

2. Have employees signed contracts that restrict their right to terminate their employment?

3. Is there an "implied commitment" in the company system?

How to safely exercise the right of dismissal?

MEDI CONSULTING Can Provide

• Layoff compliance review：Predict the applicability of the Warning Act

• System vulnerability repair：Revise the employee handbook to avoid the trap of 'implied contracts'

• Dismissal process management：Full cycle compliance operations from notification to salary settlement, complete evidence chain archiving guidance from employment to termination