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**CA** Deducting EE's Pay

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  • trulyblssd
    replied
    Thanks so much!

    Leave a comment:


  • Beth3
    replied
    Can we take the money back if he signs and authorization or writes us a check for the amount of the hotel or would we still be in an awkward area? I think this would still be problematic. Please keep in mind that CA requires employers to pay for their employees' business expenses. It likely isn't possible for an employee to relieve the employer of that obligation.

    Does an authorization exempt us from any repercussions? See above.

    My take would be that he could still come back and say that we forced him to sign off on this because he feared for his job. What do you think? Yep, that's exactly right. Why else would he agree to give up the expense payment if not to try and reinstate himself into his employer's good graces.

    Take a look at this page at CA's DOL website: http://www.dir.ca.gov/dlse/faq%5Fdeductions.htm where it says "An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties. Labor Code Section 2802"

    I suggest you take a read through the Labor Code they reference or give the DOL a call and ask if there are any circumstances in which an employer is not obligated to reimburse an employee for his business expenses.

    Leave a comment:


  • trulyblssd
    replied
    Any thoughts on the question above?

    Leave a comment:


  • trulyblssd
    replied
    This I know.

    Can we take the money back if he signs and authorization or writes us a check for the amount of the hotel or would we still be in an awkward area? Does an authorization exempt us from any repercussions? My take would be that he could still come back and say that we forced him to sign off on this because he feared for his job. What do you think?

    Leave a comment:


  • Beth3
    replied
    I agree that what an employee does on his or her own time is his/her own business unless (a) it interferes with their job, or (b) it damages the company's good image.

    Here's the thing...the only thing he really did wrong is not call in, right? What he did that night was not wrong. It was wrong in the sense that it completely impaired his ability to be at work the next day. Even if he had made it back to the motel in the morning, he'd have been in no shape to perform competently and safely on the job. It's not just that he didn't call in, it's that he didn't behave responsibly enough to be fit for work the next day even if he had called in.

    Your guy is a knucklehead.

    Leave a comment:


  • trulyblssd
    replied
    Oh let me tell ya! The story gets better everyday. The president of the company does want to give this guy another chance, but she wants to put the fear of God in him. Here's the thing...the only thing he really did wrong is not call in, right? What he did that night was not wrong. We don't care if the guys go out and do what they will at night when they are in Vegas as long as they come to work ready and able, which he obviouslly didn't. We will never have the full story! He still hasn't told his wife! This job is better than and bartenders!

    Leave a comment:


  • Beth3
    replied
    Given that it's California, which is the one State that has a statute that requires employers to pay employee's business expenses, I would not advise trying to get the money back for his hotel room and per diem.

    I would very likely have fired this employee though. He made so many bad decisions while on this trip it boggles the mind. Hopefully your employee handbook wasn't written in such a manner that you have limited management to HAVING to follow very specific rules in disciplinary/misconduct situations. (a) No handbook can ever anticipate everything that's going to happen and (b) you always want to state in the handbook that management reserves the right to invoke whatever level of discipline they feel appropriate, up to and including immediate termination.

    Your guy almost certainly had too much to drink, gambled all his money away, spent the night with some complete STRANGER he met in a liquor store, never showed up to work and never told anyone he wasn't going to work. (By the way, I'd bet good money there's even more to the story than what he's told you.) He's certainly demonstrated that he can't be trusted to ever go on a business trip again and represent your company.

    Leave a comment:


  • trulyblssd
    started a topic **CA** Deducting EE's Pay

    **CA** Deducting EE's Pay

    I have an employee who works in CA. He was sent to Las Vegas to do some work on an airplane. He and another EE were supposed to stay there for 3 days. They worked the first day and then went out that night. You know Vegas. Well from what the EE has told us he gambled his money away and didn’t have enough money to get back to the hotel. He started walking and got to a liquor store and met a guy there (he didn’t know him) and went back to his place and spent the night. I don’t know why he didn’t ask him for a ride back to the hotel. Anywho… the next morning he woke up and called his co-worker to come and pick him up. Apparently he gave him the wrong cross streets and he never made it there so the EE started walking back to the hotel, seven miles. His feet were, apparently, so blistered that he didn’t go to work on the airplane. He didn’t call his supervisor or anyone to let them know he wasn’t going to be working.

    Now, the supervisor wants to fire him. I said no because in the EE Manual it states that you can be fired if you have 2 No Call No Shows. We can put him on a final written warning. He was cool with that, but he also wants to take the pay back that we paid for his hotel room and his per diem, since in essence he didn’t work and didn’t bother to call anyone to let them know he wasn’t going to come in. I’m really weary about doing that in CA, because it’s CA. What would you do?
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