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.
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Worker in Jail?!? South Carolina
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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."Reality is that which, when you stop believing in it, doesn't go away".
Philip K. **** (1928-1982)
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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?
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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.Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia
Live in peace with animals. Animals bring love to our hearts and warmth to our souls.
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