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When terminating an employee do they have to be present?

When terminating an employee do they have to be present?
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Answered in 3 minutes by:
3/7/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,751
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Can you clarify what you mean by "present?" Do you mean physically in the work place? Is there is union?

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Customer reply replied 1 month ago
We were scheduled to terminate an employee today and start new hires. She called off this morning before we can terminate her. So my question is do we have to wait until she comes in tomorrow to terminate her or can we just ask her not to return?

Hello again,

No, you can call them and terminate them over the phone unless there is a contract or bargaining agreement that states differently.

Please feel free to ask for clarification if needed. If none is needed, if you could just reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 1 month ago
Ok and for final paperwork, turnovers and final check we just have them come in the following day?

Can you tell me what State you are in, as I need that for the final check answer?

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Customer reply replied 1 month ago
Also would you suggest we email or call to terminate?
Customer reply replied 1 month ago
California

Thank you. In California, when an employee is terminated they must receive their final paycheck on the day of termination at the place of termination. If you are calling them, they are terminated at your place of business. They should be told to come in and get their check that day. If you make it available to them and they don't come to get it or make a plan to come and get it, then it can be mailed to their last known address. But, if you also have company property turnover issues, might as well set them to come in the day of discharge to turn over that property and pick on their final check.

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Customer reply replied 1 month ago
Ok thank you

You're very welcome.

Marsha411JD
Marsha411JD, Lawyer
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