Asked in Employment Law for California

Q: I need to fire a parttimer with a written notice in advance.If I email him and he doesn’t read it, is it a legal notice?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: As an employer, absent an employment agreement or collective bargaining agreement to the contrary, you can terminate an employee at any time and for any reason or even no reason at all, and you can do so in any manner that makes the employee aware of the action. You can fire someone by email if you wish. However if the employee is not made aware of the termination and comes to work for an otherwise regularly scheduled shift, you might be liable for Reporting Time Pay. The safer route is to follow up the email with a telephone call, or to do so in person.

Just remember that an employee who is terminated is entitled to their final wages, including any accrued vacation pay, on the same day they are terminated. For that reason an in person termination makes greater sense.

Good luck to you.

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