92. How long do I have to terminate an employee after a final incident occurs that violates prior warnings? (2)

Thursday November 5thUncategorized Category

In addition, you may plan to terminate an individual on a Tuesday morning, and that person may call in sick that day. In such cases, keep the employee on the payroll until she returns to work. The day she arrives should be the ultimate termination date.

Finally, understand that not all companies are able to cut final checks on the same day that they’re requested. If your organization requires twenty-four hours to process final checks, you should still meet with the employee on the day she returns to work in order to terminate her. However, depending on payroll rules in your state, you may need to ask her to leave the company premises but keep her on the payroll for an additional day.

For example, in California, if the employee calls in sick on Tuesday and Wednesday but returns to work on Thursday, you should meet with her on Thursday to conduct the termination meeting. Inform her, however, that payroll will need twenty-four hours to cut the check, so she’ll actually be paid through the end of business on Friday. This way you’ll meet California’s wage and hour regulations that stipulate that employees are to receive their final wages on the day of termination.

Other states do not require that workers receive final wages on their termination date. Instead, they provide employers with more flexibility by allowing companies to pay employees’ final wages at other intervals—for example, by the next due date in the pay cycle. Learn your state’s, county’s, or city’s regulations regarding final payment of wages. The lesson here, however, is to be sure to keep people on the payroll for additional time so that you avoid violating any wage and hour regulations. After all, you may be challenged for wrongful termination: You don’t want to add to your liability or potentially show a jury that you were sloppy in such basic matters as getting people their final check on time.

Taken From : The Hiring and Firing Quention and Answer Book

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