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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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How do I terminate an employee who is out of the USA. Our

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How do I terminate an employee who is out of the USA. Our employee went to Mexico for Christmas and has not returned. We have had contact with his brother and he is not sick or in jail. How do I terminate him for abandonment?
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

Under CA law, there is no special method of terminating an employee. The only requirement is that upon termination you provide them with the wages they are due for work done up to the time of termination and pay them for their accrued vacation time if they have any.

As they are not there to take the check, you may mail it to their last known address certified return receipt along with a letter indicating that they are terminated effective immediately for abandonment of their job. if they don;t pick up the certified letter and it is returned, simply hold on to it until they return and you may have them come in to get it and their final paycheck.

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I wish you the best in 2013,

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