QUESTION
Are we allowed to keep people from coming back on the premises to receive their final check?
Asked on Jan 26th, 2012 on Business Law - Texas
More details to this question:
I''m an HR Manager here in Texas. When we terminate, by law the employee must receive their check within 6 calendar days. We have a company policy in place that does not allow ex employees to come back on the premises. Instead, we mail them anything they need. In the case of final pay, can we say that an employee still cannot return to the premises to pick up their check, even if for so reason, they do not have a valid address the check can be mailed to? Thank you in advance for your help.
1 ANSWER
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As a general matter, it is the employer's duty to update its records to have valid mailing addresses for employees. This is the manner by which, for example, the employee receives his Form W-2 and other notifications regarding employment. It seems unlikely that you can use your own failure to have current address data as an excuse for denying the employee his final pay. The next time you fire someone, ask for their current mailing address.
Answered on Jan 27th, 2012 at 3:12 PM