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Job Abandonment- Texas

On Lawyer & Legal » Employment & Labor Law

2,488 words with 8 Comments; publish: Wed, 12 Sep 2007 06:57:00 GMT; (80062.50, « »)

I have an employee who called in sick last Friday, and has failed to show up or call in the following Monday-Tuesday & Wednesday.

We are terminating her for abandonment. I owe her for 2.5 days worked. She also has an access key we would like back,

My question is: Can I hold her paycheck in exchange for the access key?

If not, how long do I have before I must mail her check to her? (my payroll is this Friday)

Does the mailing need to be certified, since we are not really sure she is at the address on record any more?

Thanks for the advice, I've never had anyone just blatantly quit her job without so much as a phone call.

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  • 8 Comments
    • That's a great idea!

      Thanks to all for the great advice :p

      #1; Wed, 12 Sep 2007 12:08:00 GMT
    • Send the employee a self-addressed stamped envelope with a note requesting that she send the key to you. If you make it easy for her, she's more likely to do so. It's of no use to her.

      If the card has access to anything, it should be deactivated immediately and reactivated when you get it back.

      #2; Wed, 12 Sep 2007 14:38:00 GMT
    • The payday for the 2.5 days owed is this coming Friday, so I would be processing in my normal payroll.

      So I am ready to call her to pick up her personal belongings and her check will be ready on Friday. If I get no response, then I should mail it RRR. As far as the access key, I can always get building management to deactivate it (I think),

      Thanks for the advice.

      #3; Wed, 12 Sep 2007 07:05:00 GMT
    • Sounds good to me. :)
      #4; Wed, 12 Sep 2007 07:36:00 GMT
    • If the access key is like a swipe card, then yes, it can be deactivated. That's probably the easiest way to go about it unless there's some reason you need the physical card back quickly.
      #5; Wed, 12 Sep 2007 08:50:00 GMT
    • Send the employee a self-addressed stamped envelope with a note requesting that she send the key to you. If you make it easy for her, she's more likely to do so. It's of no use to her.
      #6; Wed, 12 Sep 2007 09:14:00 GMT
    • 1. No you can't.

      2. Final pay for discharged employees is due on the next regularly scheduled payday or within 6 days upon demand. When is the payday for the pay period in which the 2.5 days owed were worked?

      3. I would try calling her and see if you get a response. If so, "Jane, I have your final check ready. Would you like to come in and get it and return the key?" If you can't get her, I would send it certified, RRR.

      #7; Wed, 12 Sep 2007 07:01:00 GMT
    • The only reason I wanted it back, is because in our building, each tenant is assigned X number of cards (limited), and if I hire more people, I will not have enough to cover it without incurring extra costs to get more.
      #8; Wed, 12 Sep 2007 09:11:00 GMT