Don’t Mail a Final Paycheck Unless the Employee Requests Payment That Way
Unless an employee specifically requests payment by mail, do not do so. Mailing the final paycheck without a request to do so could subject you to waiting time penalties. This applies even if the employee walks out in anger at being terminated, or specifically declines to accept it.
And if you have terminated an employee but can’t give him or her a check (because the termination was by phone), and mail a final check, and then the employee shows up to pick up the check after it has been mailed but before it is delivered, you would have to write a duplicate check and stop payment on the original, mailed check. In that case, the employee would be forced to wait for his/her wages beyond the legal deadline, which could subject you to waiting time penalties of one day of wages per day up to a maximum of 30 days.
However, if you have non-negotiated checks on your books that are made payable to employees whose employment has been terminated (i.e., because you are unable to locate the employee), and you have made all reasonable efforts to pay the wages, you may send the non-negotiated checks with an explanation of your efforts to contact the employee to the nearest office of the Labor Commissioner.
The basic rule you should follow is: offer the check for personal acceptance or pickup. Mail it only if the employee specifically requests that you do so. Be sure to document each attempt to contact the employee, including the number you called, whether you left a voice mail or spoke to someone, to whom you spoke, time and date, etc. If you send emails or letters, maintain copies of all communication to demonstrate the attempts you made to contact the former employee.
Maintain a copy of the check and the correspondence to the Labor Commissioner’s office in the employee’s payroll file for at least four years.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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