An employee termination checklist ensures you handle every legal, administrative, and practical step when an employee leaves. Key items: issue final pay within your state's deadline, provide COBRA notice within 14 days, revoke system access, and retain records for 7 years.
- Final pay deadlines range from same day to next payday (varies by state)
- COBRA notification must be sent within 14 days of qualifying event
- Document everything — termination records should be kept 7 years
Final Pay Requirements
State laws dictate when you must issue the final paycheck. Getting this wrong can result in waiting time penalties (in states like California, up to 30 days of additional wages).
| State | Involuntary Termination | Voluntary Resignation |
|---|---|---|
| California | Immediately (same day) | 72 hours (or immediately if 72 hrs notice given) |
| Colorado | Immediately | Next regular payday |
| Illinois | Next regular payday | Next regular payday |
| Massachusetts | Day of termination | Next regular payday |
| New York | Next regular payday | Next regular payday |
| Texas | Within 6 days | Next regular payday |
| Federal (FLSA) | Next regular payday | Next regular payday |
The final paycheck must include all earned wages, accrued but unused PTO (in states that require it), commissions, bonuses earned, and any other compensation owed. Do not wait to calculate commissions if they delay the final pay deadline.
Benefits Termination
Review and process the following benefit changes:
COBRA Notification
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers with 20+ employees to offer continuation of group health coverage to terminated employees. Key requirements:
| Requirement | Details |
|---|---|
| Employer notification to plan administrator | Within 30 days of qualifying event |
| Plan administrator notification to employee | Within 14 days of receiving employer notice |
| Employee election period | 60 days from receiving notice |
| Coverage duration | Generally 18 months |
| Who pays premiums | Former employee (up to 102% of full premium) |
COBRA only applies to employers with 20 or more employees. However, many states have “mini-COBRA” laws covering smaller employers. Check your state's requirements.
Equipment Return and Access Revocation
Collect Company Property
Revoke Digital Access
Transfer Responsibilities
Exit Interview
Exit interviews provide valuable feedback and help identify retention issues:
Documentation
Maintain a complete termination file that includes:
| Document | Purpose | Retention |
|---|---|---|
| Termination letter | Formal notice of separation | 7 years |
| Final pay documentation | Proof of timely final payment | 4 years (IRS) |
| COBRA election notice | Proof of notification | 7 years |
| Equipment return checklist | Proof of property recovery | 3 years |
| Exit interview notes | Feedback and risk mitigation | 7 years |
| I-9 form | Employment eligibility | 1 year after termination |
| Performance reviews | Support for termination decision | 7 years |
Frequently Asked Questions
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