if an exempt employee quits on a wednesday, do we have to pay the employee for the remainder of the week
Atlanta, GA
Viewed 47 times.
Posted 6 months ago in Employee Benefits
Flag as objectionable
if an exempt employee quits on a wednesday, do we have to pay the employee for the remainder of the week
- Is this your question? Add additional information
Answers (3)David C. Garner
This attorney is licensed in California.
Posted 6 months ago.
Flag as objectionable
Absent a contract, employment is employment at will. Unless there was an agreement otherwise, you do not need to pay someone for other that the hours that they actually work.
If they quit on Wednesday, pay stops on Wednesday. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 6 months ago.
Flag as objectionable
No, the pay stops on Wednesday. Make sure the matter is written down and placed in the former employee's file. With no contract, no union and no agreement, you are correct to proceed.
Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. George F Cicotte
This attorney is licensed in Colorado and 2 other states.
Posted 6 months ago.
Flag as objectionable
None of the prior answers have provided a square answer to key component of the question you raised: Does the fact that the employee is exempt for FLSA purposes bar you from docking his/her pay for the remainder of the week during which s/he does not work after the termination? That answer is no.
In the normal course, if you wish to avoid the obligation to pay overtime to a salaried employee, you can only dock the employee's pay if s/he performs no work for an entire work week, where the reason for no work is not the employee's choice (e.g., no work, bad weather, etc.). If the employee is absent by his/her own choice (this includes vacation and sick time), then you may dock pay only on days when the employee provides no services. However, you may dock the employee's PTO bank for partial days (hours) missed, as long as the employee continues to receive full pay taking PTO into account. Nonetheless, when an employee terminates employment, docking pay is permitted during the last week in order to pro-rate salary in proportion to the time actually worked.
Back to Search Results
Next question: I have a Dog Question. Previous question: Is it legal in the state of Texas to be paid as or to hire a Dominatrix if there is no sex? |