The FELS Hotline: How to handle worker terminations

By Anna Genasci

Terminating an employee is rarely an easy decision. Whether it involves performance concerns, misconduct or a seasonal reduction in workforce, agricultural employers need to understand their responsibilities before having that conversation.

During the past two weeks, the FELS Hotline received calls from two growers facing very different employee separation situations. One was preparing for a seasonal layoff but also had concerns about an employee’s performance. Another was dealing with an employee who was caught stealing.

While the circumstances were different, both calls highlighted an important point: How an employer handles a termination matters.

Is it a layoff or a termination?

One grower contacted FELS about an employee who was already approaching a seasonal layoff. However, the employer had also been experiencing performance issues and was considering ending the employment relationship sooner.

This raised an important question: Is the employee being separated because seasonal work has ended or because of performance?

The distinction matters. Employers should be clear about the actual reason for separation and document it appropriately. A seasonal layoff should not be used to disguise a performance-based termination.

For performance-related terminations, documentation of previous concerns, conversations and corrective actions can help support the employer’s decision.

What if an employee is caught stealing?

Another grower called after discovering an employee had been stealing.

Misconduct can warrant immediate termination, but employers should still take time to review the facts, document what occurred and consider whether the decision is consistent with company policies and previous practices.

Even when an employee is terminated for serious misconduct, California’s final-pay requirements still apply. Employers cannot withhold earned wages as punishment or automatically deduct the value of stolen property from a final paycheck.

How do you have the termination conversation?

For one of these growers, this was the first time he had ever terminated an employee. He wasn’t sure how to deliver the news.

FELS helped coach him through the conversation. Our advice was simple: Prepare ahead of time.

Write down a few bullet points covering what you need to communicate. Practice what you will say so you can remain professional. Keep the conversation brief, direct and respectful.

We also encouraged the grower to review a termination checklist before the meeting to ensure the required documents and final paycheck were ready.

What must an employer provide when employment ends?

California has specific requirements regarding final wages and employee separation notices.

For an employer-initiated termination, earned wages generally must be paid immediately at the time of discharge. This includes applicable overtime and any accrued, unused vacation or vested paid time off, or PTO, that must be paid out.

For seasonal layoffs, employers should not assume they can wait until the next regular payday. The timing depends on the circumstances of the separation and applicable law.

Employers should also review required separation notices, unemployment insurance information and any applicable health coverage continuation requirements.

Every termination situation is different, and what seems to be a straightforward decision can quickly raise questions about documentation, final pay, employee rights and employer responsibilities.

That is why FELS members have access to the FELS Employer Hotline at 1-800-753-9073. Whether you need help reviewing termination requirements, working through a difficult employee situation or simply preparing for a conversation you’ve never had before, FELS is here to help.

Anna Genasci is general manager of Farm Employers Labor Service, an affiliated company of the California Farm Bureau. She can be reached at agenasci@cfbf.com.

Reprint with credit to California Farm Bureau. For image use, email agalert@cfbf.com.

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