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Question regarding final pay for exempt employee California

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  • Question regarding final pay for exempt employee California

    Good morning all!
    Last Thursday we suspended an exempt foreman for leaving the job without permission/notification.
    He was to return to work next Monday following a whole week of suspension without pay.
    During this time, we have discovered many discrepancies in the job, poor work that had been performed as well as many other viloations. Due to this we have decided to terminate his employment. He is scheduled to come in tomorrow at which time we will hand him his final pay, my question is do we have to pay him for showing up to the termination meeting? No work is going to be performed.
    Thanks!

  • #2
    Soft answer, but I would say yes. You are controlling the employee's time. They cannot productively use it for anything else. And why give an angry former employee a "hit me stick" for such small money?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      Soft answer, but I would say yes. You are controlling the employee's time. They cannot productively use it for anything else. And why give an angry former employee a "hit me stick" for such small money?


      Agree. I've done that in the exact same situation.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        exempt pay

        question to DAW's answer: If this person is EXEMPT - don't you have to pay him not only that day he comes in to be fired - but til the end of the payweek? That was my understanding of the classification of paying exempt employees per week no matter how many hours they work. ?
        Thanks to anyone who can clarify.

        Comment


        • #5
          No, even an exempt employee only has to be paid for time actually worked in the first or last week of employment. That is one of the exceptions in the FLSA. While a state law could dictate otherwise, to my knowledge only NH has done so.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment

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