Worker in Jail?!? South Carolina

[Rasta]

We have a warehouse worker who before the holidays was warned repeatedly about significant job performance issues and told that if there was no improvement early in the new year he would have to be let go. We got a call yesterday on the first day back after holidays from his girlfriend that he is now in jail and she has no idea when he will be out. Can we simply stop paying him and inform his girlfriend that his job no longer exists? What are our rights? Thanks for any help.

[DAW]

You have two different issues.
- Paying any employee is mostly a function of time actually worked. Why would you want to pay this employee or any other employee not to work? If there are any due wages based on time actually worked, then of course that time must be paid.
- I am not a termination expert and will leave that to someone else.

[Rasta]

Thanks DAW. Agreed on all points. The termination aspect is definitely the key point. Thanks for your input.

[Lee926]

If you have an attendance policy what does it state in regards to calling out of work. I've seen several attendance policies that will only accept call outs from the employee (the exception would be hospitalization). Also, do you have a no call no show rule?

I wouldn't communicate to the girlfriend at all in regards to the employees job. If you do terminate him I would send a letter in his name to his last known address letting him know his employment status of the company?

[Rasta]

We do not have an official policy on this other than the fact that the employee had been warned that if his attendance continued to be an issue he would be terminated. We can certainly send a letter today. I don't see any choice really.

[Betty3]

Agree, I don't see any problem with terminating this employee & sending a termination letter.

He needs to be paid all wages due for time worked + any vacation/sick/holiday pay that are due under any policy or employment contract - final paycheck must be received by employee within 48 hrs. of the time of separation or the next regularly scheduled payday, which may not exceed 30 days.