1. How do we officially fire the employee and mitigate our exposure to a lawsuit as a result of her injury?
A: Seems to me that you have already created a special legal status for the employee as "absent for medical need without pay." I don't know how this works with your written employment policies, because the phrase really has no legal meaning absent some definition provided by you as employer.
Assuming that your employment policies do not require you to engage in any special process prior to terminating the employee, then you can simply write the employee and state that since the employee has chosen to not work, that you presume she has resigned, and that you will process her termination upon that basis (send out the COBRA certification, etc.).
2. Do we have to officially fire the employee? (FYI- She has left)?
A: An employer generally wants to take the position that the employee has quit -- because then the employee is not liable to EDD for the involuntary termination, which may increase unemployment insurance contribution rates.3. Do we have to pay the employee through 7/15 because we didn’t fire her?
A: A salaried employee's salary terminates with the final day of work, unless your employment agreement with the employee or employment policy states otherwise.
4. How do we fire this employee?
A: Based upon your facts, you don't need to fire the employee, because it appears that she has resigned. That said, if you want to involuntarily terminate the employee (i.e., "fire"), then you sinply tell the employee that "Due to business requirements, your services are no longer required."5. Can you supply a draft firing letter if possible (not necessarily a draft but some guidelines, etc)?
6. Do you practice in Ca? If so, where are you located?
Social Security No.:
Reason for termination: Absent for consecutive days as of
Effective date of termination:
As noted above, you have been absent without notice from your position for consecutive working days, as noted above. We therefore consider you to have abandoned your job, and in effect, to have resigned. This is in accordance with policy provisions as stated in_____.
You will be paid for any earned unused leave. An application for the return of contributions to the employee's retirement fund is enclosed; please complete the form and return it to the personnel office for processing.
Your rights in this action are explained in _____.
Please return any company property, including, for example, records, keys, equipment, books, reports, ID cards, and company credit cards, to your supervisor immediately.
A: Yes. I'm flattered by your interest, however I prefer to remain anonymous.
Hope this helps.
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