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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6939
Experience:  Significant experience in all areas of employment law.
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Dear Attorney, We hired a new employee at our ice cream

Customer Question

Dear Attorney,

We hired a new employee at our ice cream store in California. She came today and everyone felt she wouldn't be able to learn to do the job; as she is too slow and very less motivated to learn. She is coming tomorrow for 6 hour training shift. We want to terminate her employment when she comes.
1) Do I need to pay her for entire 6 hour shift tomorrow? after she shows up.
2) When we terminate employees on spot, how do we calculate the exact amount of final check to give? as we wouldn't know the payroll deductions. etc. Seems it needs to be all pre calculated or or something else?

Thanks,
Kumar
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 9 months ago.
Kumar,

Good to hear from you again. Sorry this employee is not a good fit.

California "reporting time" pay law provides that an employee who physically shows up to work but is sent home before half their shift must be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours, at his or her regular rate of pay. This means, most likely, you must pay for half the shift if you fire them at the beginning of the shift.

Your payroll software should enable you to compute the deductions necessary to cut the final check--just input their wages earned and outstanding plus the pay for half of the shift they'll be showing up for tomorrow.

Please let me know if anything doesn't make sense and I'll be happy to discuss this with you further.
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

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