Terminating an employee

Get Legal Help Today

 Secured with SHA-256 Encryption

Terminating an employee

If I have a scheduled layoff for 11/5 but the
employee has just asked for that day off can I
issue the final check on 11/4 that is dated 11/5?

Asked on November 2, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you can't: you can't issue a post-dated check.
You can deny the employee the day off: employers have discretion to tell employees that they can't take certain days off for business or staffing reasons. Deny the day off and terminate the employee on the 5th as planed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption