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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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What you can do, when you told an employee that is not following

Resolved Question:

What you can do, when you told an employee that is not following the managers instruction, and this persob leaves crying?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello,

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Do you mean what can be done if the employee leaves the job without permission or leaves without receiving the full warning?

Can you tell me if the employee has a contract, is unionized, or an at-will employee?
Customer: replied 11 months ago.

Ok, the situation is this: we received last week a letter of E-Vetify, and we unfortunatelly we need to terminate with some employyea due to they dont have legal papers, and we dont want a fine for that or the employee can has troubles too. So one of the employees started scanning documents from clients she is handling and calling them, that she wont continue being her processor, and she doesnt know what will happen with their cases. So the general manager told her yesterday, that please do not continue doing that. And today she did it again, and he told her, that was advised yesterday and she is not following instructions. So she got her bag and left crying.

Expert:  Joseph replied 11 months ago.
Hello Camila,

Sorry, I'm still unclear as to what your question is, legally? Is this person an undocumented worker?

Are you asking about terminating her?
Customer: replied 11 months ago.

Yes she is. And we told her last week that she can not continue working with us, due to the situation, that we received from immigration. Plus what i explained to you what happened yesterday and today.

Expert:  Joseph replied 11 months ago.
Hello Camila,

In that case, you should definitely terminate her employment immediately, since failing to do so is actually illegal, now that you have received notice from Everify that she is not allowed to work for you legally.

You should definitely prevent the employee from coming into the business and making any further efforts to try to contact clients of the business.

I would suggest that you prepare her final paycheck for her and give it to her either when she next shows up for work or have it delivered to her home.

It is not necessary to terminate her through written notification, and you can just tell her that she has been terminated and is not allowed to come back to the business for any reason or the police will be called to escort her away.

(I'm not quite sure if you were asking about consoling the employee or not, but unfortunately, that's not a legal issue I can touch upon here).


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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