Question: An employee was terminated today due to poor work performance. During the termination meeting, the employee refused to take his final check or sign the termination form, stating he will return tomorrow to meet with upper management. What should we have done?
Answer: When this occurs, you will want to properly document the employee’s refusal. If possible, ask another manager or member of HR to step in and explain what has taken place and request that he or she provide a signature as a witness to the employee’s notification of termination and refusal to accept documentation and pay.
Determine with senior management, ahead of time, if he or she is willing to meet with the former employee. If not, be prepared to tell the employee his termination is final and provide the final pay with a witness. If he still refuses the final pay, you may notify the employee that you will mail the check and/or follow abandoned property rules relevant to your state, at which point the ex-employee will likely accept the pay and leave, or will cash the check upon receiving it in the mail. Should the check come back to you, follow proper state rules regarding abandoned property, as you may be required to surrender the check.
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