The FELS Hotline: How to handle worker terminations By Anna Genasci
provide when employment ends? California has specific requirements regarding final wages and employee sep- aration notices. For an employer-initiated termination, earned wages generally must be paid im- mediately at the time of discharge. This includes applicable overtime and any ac- crued, 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 pay day. The timing depends on the circumstances of the separation and applicable law. Employers should also review required separation notices, unemployment insur- ance information and any applicable health coverage continuation requirements. Every termination situation is different, and what seems to be a straightforward de- cision 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 review- ing 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 affiliat- ed company of the California Farm Bureau. She can be reached at agenasci@cfbf.com.
Terminating an employee is rarely an easy decision. Whether it involves perfor- mance concerns, misconduct or a seasonal reduction in workforce, agricultural em- ployers need to understand their respon- sibilities 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 sea- sonal layoff but also had concerns about an employee’s performance. Another was dealing with an employee who was caught stealing. While the circumstances were differ- ent, both calls highlighted an important point: How an employer handles a termi- nation 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 em- ployment 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 dis- guise a performance-based termination. For performance-related terminations, documentation of previous concerns, con- versations 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 ter- mination, but employers should still take time to review the facts, document what occurred and consider whether the deci- sion is consistent with company policies and previous practices. Even when an employee is terminated for serious misconduct, California’s fi- nal-pay requirements still apply. Employ- ers cannot withhold earned wages as pun- ishment 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: Pre- pare ahead of time. Write down a few bullet points covering what you need to communicate. Practice what you will say so you can remain profes- sional. Keep the conversation brief, direct and respectful. We also encouraged the grower to re- view a termination checklist before the meeting to ensure the required documents and final paycheck were ready. What must an employer
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8 Ag Alert October 21, 2026
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