Should departments use certified or registered mail, or at least acquire some proof of mailing, to document that final checks were mailed within the legal timeframes?
Yes, central offices and departments should use a mailing method that will furnish proof of mailing. Back to top Q: Is Surepay an approved method of payment under the code or does a check have to be issued and handed to the individual? Can an employee waive the check process if he or she prefers receiving final payment through direct deposit? A: It does not appear that the use of Surepay will satisfy the code. Section 213(d) provides: “If an employer discharges an employee or the employee quits [a] voluntary authorization for deposit shall be deemed terminated” and the employee must be paid according to “this article relating to the payment of wages. A discharged employee must be paid immediately, which constitutes “in person.” A “quit” (voluntary resignation) employee who does not give 72-hour notice may receive payment by mail if the employee so requests. The language regarding Surepay is mandatory. Furthermore, Section 219 states: “[N]o provision of this article can in any way be co