Announcement

Collapse
No announcement yet.

CA - Firing Employee by Telephone California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Jazzmoe
    started a topic CA - Firing Employee by Telephone California

    CA - Firing Employee by Telephone California

    Is it legal to fire someone in California by telephone??

  • DAW
    replied
    And speaking as a long time CA payroll person, you do what you can do. If payroll is not told until the day of termination (or later) that someone at a remote office was terminated, then payroll gets the check out as soon as possible, using FedEx if needed. This is not a perfect world. Mistakes happen. It the employer is not an idiot, they will do everything that they can to avoid paying late in CA, to pay ASAP if they do pay late to minimize the "lateness" of the payment, and if they get called by CA-DLSE, tell the truth. If the employer gets fined, then the employer gets fined. The world does not come to end. No one gets put in prison or in front of a firing squad. But CA-DLSE is not dumb. Even a dog can tell the difference between being stepped on and getting kicked, and CA-DLSE can generally tell when either party is lying to them. And at what point the employer starts lying to CA-DLSE, we are no longer talking about mistakes. And actions have consequences.

    Paying a terminated employee late is not nothing, but it also is not that big a deal, as long as the employer tried hard to mitigate the problem.

    Leave a comment:


  • cbg
    replied
    Ah, gotcha.

    When our payroll was in MA and we had employees in CA, we would overnight their final check to them the day before we gave them the bad news, so that they would receive it on the same day.

    Leave a comment:


  • Jazzmoe
    replied
    My only concern was that labor code section states:

    201. (a) If an employer discharges an employee, the wages earned
    and unpaid at the time of discharge are due and payable immediately.

    Leave a comment:


  • Marketeer
    replied
    There is no law that states that an employee must be fired in person.

    Leave a comment:


  • cbg
    replied
    It is legal in all 50 states to fire someone by telephone. Also by e-mail, fax, text message, IM, telegraph, singing telegram, smoke signals, and carrier pigeon.

    Truly, the government does not get so deeply involved with how an employer runs his business as to mandate how he communicates with his employees. And would it be preferable for the employee to come into work only to be told that he's fired and have to turn around and go back home again?

    Leave a comment:

Working...
X