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Employee working 2 positions in Company Arizona

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  • Employee working 2 positions in Company Arizona

    We have an employee who is resigning from her full-time position on unfavorable terms (performance issues). This employee is also working on-call in a different department within the organization and would like to continue working on-call in that department. If after she resigns from her full-time position we decide not to allow her continue as an on-call employee in the other department, would there be any factors to consider, such as a pending unemployment claim or any other legal issues?

    Also, this FLSA-exempt employee signed an agreement prior to commencing employment that any expenses we paid for her licensure would be deducted from her final paycheck in the event that she does not complete a specified period of employment with the company. Would this be a deduction in pay for an exempt employee not permitted by FLSA ?

  • #2
    I'll let Patty tackle the FLSA thing. I know it would be legal in my state but I'm unsure about AZ.

    Yes you can terminate her entirely no matter how she splits her time among departments. In fact, I'd recommend it. You may be on the hook for UC but that is a small price to pay.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      The deduction is permitted in Arizona. When the FLSA talks about "deductions" from pay, they are generally talking about deductions from GROSS pay, not deductions from NET pay.
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