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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35309
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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How do I terminate an employee who is out of the USA. Our

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How do I terminate an employee who is out of the USA. Our employee went to Mexico for Christmas and has not returned. We have had contact with his brother and he is not sick or in jail. How do I terminate him for abandonment?
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

Under CA law, there is no special method of terminating an employee. The only requirement is that upon termination you provide them with the wages they are due for work done up to the time of termination and pay them for their accrued vacation time if they have any.

As they are not there to take the check, you may mail it to their last known address certified return receipt along with a letter indicating that they are terminated effective immediately for abandonment of their job. if they don;t pick up the certified letter and it is returned, simply hold on to it until they return and you may have them come in to get it and their final paycheck.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,

Doug
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