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Paycheck for No-Call / No-Show California

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  • Paycheck for No-Call / No-Show California

    Hi!

    After reaching out a number of times and having not heard from an employee for a couple of weeks who also has not even called or come in for the most recent paycheck, what would be the next best thing to do regarding the paycheck?

    Wait for the employee to call? Mail the check to the employee's most recent address on file? Send it certified mailed with a return receipt?

    Thanks!

  • #2
    Don't wait any longer. Send it to the last address, certified, RRR.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Agree, particularly since this is Ca., you need to get that pay check to them to be in
      line with the law.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        I would issue them a letter stating that due to no-call/no-show that they have been terminated effecitve immediately and that their final pay is available for pick up during normal business hours. I would have the check available for them to pick up but I would not mail it. Reason being is that if you mail the check and they come in the next day you need to have the check available for them. If you don't then you could incur waiting time penalties.

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        • #5
          I think I would give them a time limit then to pick up the check & tell them
          if it isn't picked up, it will be mailed to them. I don't think the employer
          would want to/can continue holding the check.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            I am not sure that CA-DLSE is on record on this point. If the employee normally picks up the check, I am pretty sure that CA-DLSE does not mind the termination check being picked up as opposed to mailed. I am also pretty sure that CA-DLSE does not mind the termination check being mailed. The one concern is the employee claiming that the check was just plain not issued or not available. I have had employees claim that the check was not available. I was able to show CA-DLSE that checks issued later in the check sequence were cashed that day. I sort of like sending the letter first, and the check second. If the employee shows up, and there is no check, the employee maybe was a better claim that the check was not available. And if the check is mailed to the wrong address, of course the employee is going to claim that they notified the company of the address change. And of course the employee will show up the day after the check is mailed, claiming that the check is not available (which it is not).

            In any event, the check esheats to CA if no pickup occurs, so I am not convinced that getting rid of the check ASAP to a non-confirmed address accomplishes something useful. I have always used the certified notification letter and then NOT mail the check until formally requested to do so method, and have never been taken to the woodshed by CA-DLSE for doing it this way.
            Last edited by DAW; 11-23-2010, 06:53 AM.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Thanks for your Ca. take on the situation, DAW.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                CA-DLSE in my experience tends to be pretty reasonable, as long as the employer is not playing games. There is no single right answer here. I think any of the methods discussed will work, as long as the check was available for pickup and the employee had no good reason to expect it to be mailed while the employer was sitting on things. CA-DLSE has a low tolerence (IMO) for people who play games, employees or employers.

                I have lost exactly one late payment penalty, ever, and the penalty was technically correct. Employee was fired, supervisor told HR, and for whatever reason HR did not tell payroll till the next day. The employee did not even try to pick up the check for several days after that, but we correctly dated the check when it was issued (one day late) and the employee filed based on the check date. Technically our error. Pay the ticket as far as I am concerned. But I am not going to lie on a check date to avoid a possible one day penalty for something that technically was our fault. (Even if HR suggested it).

                Past that, I am maybe 24 wins vs. 1 loss on CA late payment penalties, over 4 employers. Just follow the rules and play things straight. If you made a mistake, say so, but more importantly, fix the mistake ASAP without anyone telling you to. Plus some employees tend to not only tell lies, but they tell bad lies. Lies that CA-DLSE easily sees through. Your credibility is everything with CA-DLSE. The point that employees sometimes misses is that CA-DLSE does not want to issue penalties, they want the employees paid on time in the first place. And way too often the employee comes off like they are trying to game the system. Late payment penalties can be very steep but they are also optional. If the employer made a credible effort to do things correctly on time, there is every chance the penalty will be waived. (Again, not what employees want to hear).

                I have had employees deliberately not submit their final timesheets so payroll would not know about overtime worked, wait 30 days, then file a wage claim for maximum late payment penalties. I have won every one of those. CA-DLSE has no fondness for employees (or employers) deliberately trying to game the system.

                Now, if the employer is the one not following the rules, then "hang them high" as far as I am concerned.
                Last edited by DAW; 11-23-2010, 06:55 AM.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Thanks, good info/post, DAW.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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