Do I need to provide a termination notice to California employees?

The California Employment Development Department requires employers to provide written notification to employees upon separation from employment. The required documents depend on the circumstances of the termination.

STANDARD DOCUMENTS/FORMS

1. EDD Unemployment Benefit Packet (DE2320) - Due to all discharged or laid off employees no later than the effective date of the discharge or layoff.

2. Notice of Change in Relationship - Due to all involuntarily discharged or laid off employees immediately upon termination. 

3. HIPP Notification (DHCS 9061) - Applies to employers with 20 or more employees. Due to certain employees covered under the program.

4. Notice of COBRA continuation rights 

  • Cal-COBRA notice due to terminated employees of small employers (2-19 employees) and terminated employees covered under federal COBRA when their 18 months of federal COBRA coverage expires.

     - OR -

  • Federal COBRA notice due to covered employees for employers with 20+ employees. 

5. Notification of all continuation, disability extension and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment terminates. 

    • 401(k)
    • Long-term disability
    • Accidental death and dismemberment
    • Life insurance
    • Employee Assistance Program

In mass-layoff situations, the Worker Adjustment and Retraining Notification Act requires certain employers to give affected employees at least 60 days written advance notice. Additional paperwork is required.