hrdir01
06-23-2008, 08:42 AM
Unusual situation. Employee said 3 days vacation needed last week, so was off M-W. Sent email Thurs saying "family emergency." No call/no show Friday/Monday. Monday spouse calls looking for ee. Says ee was dropped at airport last Tuesday, supposedly travelling to work site, and has been unable to contact since then. Cell goes straight to VM - no one can contact. Foul play NOT suspected. Manager says this is 2nd lie uncovered. Wants to term. this ee effective LAST Friday. On what grounds can I term? Suggestions? Performance issues in the past, but not duly documented by manager(s).
You don't need "grounds" to fire someone, but not showing up for work and not making contact is a perfectly valid reason to do so. If it turns out that there is a legitmate reason why they were unable to either show up at work or make a simple phone call why not (being in a coma is about the only one I can think of, but that's your call to make) you can always reinstate.
hrdir01
06-23-2008, 09:14 AM
I know I need to pay earnings; what about vehicle allowance? Is that considered 'earnings?'
IRS almost certainly considers vehicle allowance to be taxable wages. Whether or not state DOL will consider an unpaid vehicle allowance to be "due wages" is a decision that TX-TWC gets to make, but it is a real possibility (maybe even "probability").
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Not your question, but IMO, vehicle allowances are a bad idea. Partially for the reason you just alluded to where you have wages not based on time worked, but mostly because IMO reimbursement on actually documented business miles is non-taxable if done correctly and bases the payment on actual verified work being done. Vehicle allowances on the other hand are functionally an entitlement.
Texas709
06-23-2008, 09:31 AM
I know I need to pay earnings; what about vehicle allowance? Is that considered 'earnings?'
Expense reimbursement is not wages in Texas. If you have an agreement that includes a vehicle allowance as a part of compensation, that very well may be wages, and payable by the sixth day after the date of termination.
In fairness, I completely agree with cbg, that you can term for abandonment, or whatever reason, and if something comes to light that establishes a legitimate reason that the employee did not abandon, you can reinstate. Disappearance is not "insubordination", which is generally the failure to follow supervisory instruction.
hrdir01
06-23-2008, 09:32 AM
Thanks - that is as I thought. And thx for the other comment as well. Will take that under advisement.
cyjeff
06-23-2008, 12:31 PM
By the way... I have had an instance or two of this.
You may want to go ahead and get this particular employee's expense records together. Divorce attorneys will ask you for them as part of the suit.
hrdir01
06-23-2008, 12:34 PM
hmmm...thanks for the advice.