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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37808
Experience:  Retired (mostly)
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Upon firing an employee by sent text message after hours the

Customer Question

Upon firing an employee by sent text message after hours the final check for 1 day was at the place of employment for the employee to pick up but they have failed to do so, what happens?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.

I'm not sure that I understand the question. Are you the employer and you have the payroll check, but the employee has failed to appear to pickup the final paycheck?

If not, please explain the exact circumstances, and I will be happy to analyze the issue for you.

Thanks in advance.

Customer: replied 3 years ago.

I am employer, in CA employee failed to pick up check after being notified it was at place of employment after being let go in a text message (I'm embarrassed by this, very unprofesional)

Expert:  socrateaser replied 3 years ago.
Okay, well, let's assume that the employee never received the message. If not, then he/she has not yet actually been terminated, because no actual notice has been received. Given that circumstance, you would expect that the employee would show up for the next shift to which he/she was scheduled. If not, then you can assume that the employee did receive notice of termination.

Regardless, as long as you have the last check available for retrival by the employee at the place where he or she was employed or hired, then you have fulfilled your legal obligation to the employee.

Obviously, it would have been better to notify the employee of his or her termination in person, or by formal letter. But, what's done is done, and as long as the check is ready for pickup, then you've satisfied your legal obligation.

Hope this helps.

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