Legal Question in Employment Law in California
Service Letter
Is there a CA state law that requires an employer, upon written request, to provide a terminated employee a ''service letter'' telling the former employee why they were terminated?
4 Answers from Attorneys
Re: Service Letter
No. In fact, since CA is an at-will state, a person can be fired for no reason at all, even for being happy all the time.
Re: Service Letter
No. It would make good business sense to have done an exit interview for that purpose and to document his file to avoid problems later.
Re: Service Letter
Actually, there is a statutory requirement that employers provide a written "change of relationship" notice to employees. It is contained in Unemployment Insurance Code Section 1089. That said, in 30 years of employment practice I have never seen a misdemeanor prosecution for a violation of this statute.
Re: Service Letter
To follow up on my last answer, it should be noted that the reason for this provision is rooted in the Unemployment Insurance system. It is far easier for the UI administrators at the EDD to determine whether the individual is a voluntary quit or a termination for misconduct which would disqualify them from benefits.
Thus it would be wise for all employers to determine what they should do upon termination based upon their particular circumstances, including compliance with UI code Section 1089.
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