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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Dear Attorney, I am emailing the termination letter for

Customer Question

Dear Attorney,

I am emailing the termination letter for one part time employee. She is terminated based on performance reason. Do I need to specify that in the email or shall I just say her employment is terminated?

Thanks
Kumar
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 12 months ago.
Kumar,

Thank you very much for your question. I hope you are doing well.

An employer has no obligation to provide a stated reason for termination in writing. However, as your reason for termination is an entirely legal one, there is absolutely no harm in stating in writing that termination is for performance reasons.

I would state simply something along the following lines "Performance deficiencies require us to terminate your employment. Termination is effective immediately."

Remember to be sure that you pay the employee's final wages immediately upon letting them go. As always, please let me know if I can provide further assistance.
Patrick, Esq., Lawyer
Satisfied Customers: 6939
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 12 months ago.

Hi Attorney,


I rated the Question, but have a quick followup question. Our payroll is set to Auto Deposit on Friday's so even though employee is terminated today, her last pay will be deposited on Friday as it is quite time consuming to alter that process. I mentioned in the email that her payroll has been processed and will be deposited on Friday.


 


For future, is that a reasonable approach? Or, do I need to stop the auto deposit for laid off workers and mail them printed checks. Typically their weekly payroll is about $200-$300 and auto debit always goes through.

Expert:  Patrick, Esq. replied 12 months ago.
Unfortunately, you need to stop the auto deposit and tender final payment of wages immediately whenever you terminate an employee.

This obligation is expressly laid out in Labor Code 201. (See here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243) Labor Code 203 provides for penalties in the amount of the employee's daily rate of pay for each day that final payment of wages goes unmade up to 30 days.

To pay this departing employee in the manner you have described opens you up to penalties. Accordingly, you'd be wise to do everything you can to get them paid immediately.

Please let me know if I can be of any further assistance.

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