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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6786
Experience:  Significant experience in all areas of employment law.
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Hi Attorney, 1. This new employee worked for us only one

Customer Question

Hi Attorney,

1. This new employee worked for us only one day and our manager and other employee gave me feedback on her performance. Our manager and other employees don't want to give her any hint "to be fired" employees on from where I got the feedback. Tomorrow, I will be at store while giving her termination notice. What is the best message to give her termination? I am thinking to terminate after a couple of hours so she feels I made that decision based on my observations, but she will know anyway as I will have pre printed letter and check, etc. Whats reason shall I give to her?
2. Do I need to give only pay check or complete pay stub showing all deductiosn etc?

Thanks
Kumar
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 8 months ago.
Kumar,

Thanks again for your question. Labor Code 201 only requires the check to be delivered at the time of termination--not a paystub which breaks down withholdings and hours worked. That said, in order to provide a paycheck with the appropriate withholdings, you'll have already done the work necessary to provide an actual paystub, and since paystubs must generally be furnished with all paychecks, it would be preferable to give the employee both together on her last day.

How you choose to fire the employee is up to you, and there is no "right or wrong" way here. Personally, I'd fire them at the end of the shift. That way you don't have to pay any reporting time pay and you can feel as though you gave the employee a "chance," rather than firing them on the spot when they first show up to work.

I hope this helps. Please let me know if I can be of any further service.
Patrick, Esq., Lawyer
Satisfied Customers: 6786
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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