Does an employee need to be present to be fired?

Many issues need to be taken into consideration when terminating employment. How to communicate the termination decision is one such consideration. Whether an employee is terminated in person or by telephone is a decision within the discretion of the employer. However, it is important to take all of the appropriate steps before making that decision.

There is no California or federal requirement for an employer to bring an employee into the workplace to be terminated. An employer can choose to to call the employee and explain that his/her employment is being terminated. This may be a desirable method when there are concerns relating to employee misconduct, workplace violence, or theft.

If an employer chooses to terminate by telephone, it is imperative that the final paycheck be ready at the time of termination. Failure to pay immediately upon termination may result in "waiting time penalties." Therefore, all wages owing, including any accrued but unused vacation pay, must be paid at termination. If the termination is done over the phone, arrangements should be made to make an immediate automatic deposit of the paycheck or to hand deliver the paycheck to the employee. Arrangements will also need to be made to retrieve employer property and sign any required paperwork.

If an employer elects to wait until the employee reports to work before termination, and that employee is not allowed to work his/her regular shift, the employee must be paid "reporting time pay." Reporting time pay is one-half of the employee's regularly scheduled shift (with a minimum payment of two hours and maximum payment of four hours).

At the time of termination, any required documentation should be given to the employee.