Notice To Terminated Employees

[Note from H.D.: this was passed on to us by a Heller employee who assumes he/she is now terminated.]

It is with a great deal of regret that we write to inform you that we will not be able to pay you for work performed after today, Friday October 10 and, as a result, that your employment with the firm will be terminated today. We also expect that we will need to inform other employees over the following two weeks that we are unable to pay them any further and will need to terminate their employment. We do expect that we will be able to continue to pay some people for a longer period of time. Regular paychecks will be provided today but because of the volume of final paychecks we will need to prepare, it may take a few days to get your final paycheck to you. We know this is important to you but please be assured your colleagues in the Payroll Department will be working as hard and as quickly as they can to get you your paycheck.

These actions have been forced upon us by the two banks — Citibank and Bank of America — that control our ability to make any payments. Generally, they have refused to pay employees who we cannot convince them are necessary (as they define it) for the wind down efforts. We understand how upsetting this news is. You should continue your activities to serve clients, including, where applicable, to bill your time. Time billing and client service are two of the criteria the banks are examining in our continuing negotiations with them to maintain an orderly transition.

We want to thank you for your professionalism and forbearance to date and ask you to continue to proceed with the same degree of professionalism you have demonstrated during your valuable service to the firm and to its clients.

The Dissolution Committee

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1 Response to “Notice To Terminated Employees”


  1. 1 Bystander 10 October 2008 at 3:38 pm


    Regular paychecks will be provided today but because of the volume of final paychecks we will need to prepare, it may take a few days to get your final paycheck to you. We know this is important to you but please be assured your colleagues in the Payroll Department will be working as hard and as quickly as they can to get you your paycheck.

    Take note of CA Labor Code 201:

    (a) If an employer discharges an employee, the wages earned
    and unpaid at the time of discharge are due and payable immediately.

    And 203:

    If an employer willfully fails to pay, without abatement or
    reduction, in accordance with Sections 201, 201.5, 202, and 205.5,
    any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.

    Anyone being terminated *must* keep track of how many calendar days pass prior to the payment of their final wages, for inclusion on any wage/hour claims made in the future. It may be only a few hundred dollars, but everything counts at this stage.


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Last Modified: September 14, 2008

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