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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5039
Experience:  Extensive experience representing employees and management
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Dear attorney, I own and run an ice cream shop in a shopping

Customer Question

Dear attorney,

I own and run an ice cream shop in a shopping mall in California. Yesterday, I decided to terminate employment of one of the part time employees effective Immediately but didn't give the termination letter. During my conversation with her, she sensed that she may be terminated so now not returning my calls; as she knows that I may mention to her about termination.

I sent out the schedule for next 7 days and she has a shift on this Friday, Saturday and Sunday.

She will probably show on Friday on her shift that I don't want as I wouldn't be at store.
1) If I send her an email tomorrow that her employement has been terminated and final check deposited. Would that suffice? And then, I can also mail her letter. Just wanted to check as she may not get letter before Friday so email with give her notification that she doesn't need to show up on Friday.


Thanks
Kumar
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Kumar,

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service this evening.

If you informed the employee that you were terminating her in the conversation that you had then no letter or email would be necessary. (But if you were unclear in anyway and just hinted that you wanted to terminate her, additional notification would be necessary).

You can terminate her effective immediately via email (just as you could over the phone or with a letter), since she is not answering your phone calls or returning them.

The notification via email would have the same effect as a notice made over the phone, mail, or in person, and she would no longer be entitled to work there, even though she is on the schedule for next week.

As an additional proactive measure, I would also suggest that you leave a copy of the termination letter with the person in charge of the store when you're away,in case she does show up for her shift. This would ensure that someone doesn't let her punch in due to a misunderstanding, because she's on the schedule, when she has already been terminated.

I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions regarding the above information.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5039
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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