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Termination Question

Workers Compensation Law Discussion

Termination Question

Postby Morfran » Fri Nov 25, 2016 9:26 am

Advertisement Expert: Shirley McAllister, CPP, PHR - 8/17/2009 Hi

We have an employee who hasn't been to work since mid-June, he kept calling in with excuses(jail, brother died, etc.) and on many occasions said he would be in to work but then never showed up.  We have documentation on all of these instances as well as two notices he received during this time telling him we were considering disciplinary action.  The shop manager terminated him last week and the employee is asking if he has vacation pay available..are we legally obligated to pay him his vacation balance?  He has about 6 hours.  Our company is located in WI. Thanks,
Morfran
 
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Joined: Tue Feb 18, 2014 2:52 pm

Termination Question

Postby Kipp » Fri Nov 25, 2016 7:18 pm

Advertisement Expert: Shirley McAllister, CPP, PHR - 8/17/2009 Hi

We have an employee who hasn't been to work since mid-June, he kept calling in with excuses(jail, brother died, etc.) and on many occasions said he would be in to work but then never showed up.  We have documentation on all of these instances as well as two notices he received during this time telling him we were considering disciplinary action.  The shop manager terminated him last week and the employee is asking if he has vacation pay available..are we legally obligated to pay him his vacation balance?  He has about 6 hours.  Our company is located in WI. Thanks,
Kipp
 
Posts: 44
Joined: Thu Jan 23, 2014 1:39 am

Termination Question

Postby Farall » Sat Nov 26, 2016 10:36 pm

It would depend on the agreement you have with your employees. What does your vacation policy say? If you agree to pay vacation time than you must pay it. If your policy says you do not pay vacation pay upon termination for cause than you do not have to pay it. You may wish to revisit your vacation policy in the wake of this termination.

Here is what your Wisconsin laws say:

Employers are not required by Wisconsin law to grant vacations to their workers, whether with pay or without. Such matters are determined entirely by written or unwritten agreements between the employer and the employee. However, where such benefits have been agreed upon, the department may take action as part of a wage claim.

If you have promised vacation and do not say it is not payable upon termination than the Wisconsin Department of Employment will make you pay it. Since it is only six hours unless your policy says vacation pay is not paid upon termination and this employee has been told the policy than I would pay the 6 hours and I would rewrite the policy to say that vacation pay is not paid upon termination or if you wish to pay those not being let go you could say it is not paid upon termination for cause. Make sure all current employees have a copy of the new policy. One way to do this is to send it to them via email and ask for a return receipt that they have read the email.

Shirley
Farall
 
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Joined: Tue Jan 21, 2014 12:27 am


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