Does employer have to pay employee on date of termination?

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Latest post 04-27-2011 10:04 AM by Cica. 10 replies.
  • 04-26-2011 1:22 AM

    • KUJhoxFan
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    Does employer have to pay employee on date of termination?

    Does an employer in the State of Missouri have to pay an employee for the time the employee was at work on the date of termination. Example, employee arrived to work at their start time, employee was met at front door by two supervisors, supervisors lead employee to room and had employee read termination letter and sign it as well as a reciept for the employee's last check. Employee asked to call their spouse and supervisors said no. Employee asked for reason for termination as well as some other items. Supervisors only had her re-read termination letter. Employee was at worksite for a total of 45 minutes before being walked out to front door by supervisors. Upon leaving, it was discovered that employer had plugged two hours of employee's accrued vacation time in for the 45 minutes employee was at work on this last date.

    Question #1 - does employee have to compensate the employee for the 45 minutes they were at work and Question #2 - can the employer be held liable for using two hours of the employee's vacaton time for the last day? Employer labeled the 2 hours as "vacation requested" and the remaining accrued vacation time was listed as "vacation payout" on her last paystub. I am thinking we have grounds to sue based on Missouri statute 290.110 but want to be sure. We have requested all final wages be paid via request sent certified USPS mail.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • 04-26-2011 9:35 AM In reply to

    Re: Does employer have to pay employee on date of termination?

    Does an employer in the State of Missouri have to pay an employee for the time the employee was at work on the date of termination

    Yes - that is a legal requirement in MO.

    does employee have to compensate the employee for the 45 minutes they were at work

    Yes but if the employer wants to charge that to the employee's vacation time, they can. 

    can the employer be held liable for using two hours of the employee's vacaton time for the last day? Employer labeled the 2 hours as "vacation requested" and the remaining accrued vacation time was listed as "vacation payout" on her last paystub. I am thinking we have grounds to sue based on Missouri statute 290.110 but want to be sure. We have requested all final wages be paid via request sent certified USPS mail.

    As far as I recollect, MO has no requirement to pay earned but unused vacation time.

  • 04-26-2011 9:47 AM In reply to

    • Drew
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    Re: Does employer have to pay employee on date of termination?

    Unless employer has a written policy that provides for accrued vacation time payout you may have problems as MO  law does not require it otherwise.

    I fail to see where being at work can be charged to vacation time --but by itself I'm not sure 2 hours is  a battle worth a fight?



  • 04-26-2011 12:58 PM In reply to

    Re: Does employer have to pay employee on date of termination?

    KUJhoxFan:
    does employee have to compensate the employee for the 45 minutes they were at work

    Since the employer made the demand on the employee's time, it should probably be compensated.

    KUJhoxFan:
    can the employer be held liable for using two hours of the employee's vacaton time for the last day?

    If it was time actually spend doing the employer's bidding, then it isn't vacation.  I'm not seeing the difference between paying the employee for vacation time and saying that it was taken that day, versus paying the employee in a vacation payout.

    Isn't the filing fee going to be more than the recovery here?  Principle does not create a cause of action.

  • 04-26-2011 11:20 PM In reply to

    • KUJhoxFan
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    Re: Does employer have to pay employee on date of terminatio...

    According to Missouri Statute 290.110, an employer must compensate a terminated employee in full on the day of termination. Most employers will simply pay an employee for two hours on the day they get terminated to cover any time issues like the one brought up in this forum. The penalty in Missouri for 290.110 is 60 days of pay if the employer does not comply within 10 days of receiving written request by former employee to pay in full. 60 days of pay far outweighs filing fees and the cost of the lawyer. I am just klooking to get definitive thoughts on whether an employer must pay an employee on the day they were terminated. Using a person's vacation time for this day seems hardly legal or ethical.

  • 04-27-2011 10:04 AM In reply to

    • Cica
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    Re: Does employer have to pay employee on date of terminatio...

    I believe that you are misinterpreting the statute.  What it states, and an HR specialist will correct me if I'm wrong, is that they must give you your paycheck at time of termination -- i.e., not send it in the mail.

    If it were to involve a full day's wages, why would they bring employees in for just a couple hours, and then terminate them?  They'd do it at the close of business.

  • 04-27-2011 11:37 AM In reply to

    • Cica
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    Re: Does employer have to pay employee on date of terminatio...

    I'm going to attempt to respond again ... The last attempt didn't post because of a system glitch, so the response from me might come across twice.

    Opinion:

    If I'm reading your question correctly, I believe that you are misinterpreting the statute.  "An employer must compensate a terminated employee in full on the day of termination" translates to any back wages must be paid to the employee upon point of termination.  i.e., It can't be mailed.

    Back wages do not include hours not worked on the date of termination.  So, if the employee doesn't immediately pay you for accumulated hours when he/she terminates you -- there will be a problem facing the employer.

    If the statute meant that the employer owed you for the entire day, they wouldn't be terminating you until the end of the day.

    Further reading your post, if your employer is paying you by vacation pay, that's ludicrous to be paying out of vacation time.  Vacation time isn't used to become terminated.  I don't know the vacation pay law in your state.  You might want to check with DOL.

  • 04-27-2011 11:54 AM In reply to

    • cbg
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    Re: Does employer have to pay employee on date of terminatio...

    Missouri law does not require the payout of vacation time at termination. Use it or lose it policies are legal.

  • 04-27-2011 12:06 PM In reply to

    • Cica
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    Re: Does employer have to pay employee on date of terminatio...

    KUJhoxFan:
     Upon leaving, it was discovered that employer had plugged two hours of employee's accrued vacation time in for the 45 minutes employee was at work on this last date.

    cbg:
    Missouri law does not require the payout of vacation time at termination.

    But if they are going to classify it as "vacation time," then don't they owe her/him all of it? And can't it be disputed that this wasn't "vacation?"

    I guess if it isn't listed on the pay stub as "vacation," it doesn't matter. 

  • 04-27-2011 12:32 PM In reply to

    Re: Does employer have to pay employee on date of terminatio...

    Cica:

    cbg:
    Missouri law does not require the payout of vacation time at termination.

    But if they are going to classify it as "vacation time," then don't they owe her/him all of it? And can't it be disputed that this wasn't "vacation?"

     

    No, they don't, not under the law.  But yes, I agree that it could be disputed.  But since the OP get the balance of the vacation payout anyway, reclassifying 2 hours from regular to vacation, that would result in a merely 2 hour reduction in the payout of the vacation, IMHO, it's not worth the effort fighting.

  • 04-27-2011 2:44 PM In reply to

    • cbg
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    Re: Does employer have to pay employee on date of terminatio...

    I guess you could dispute anything you wanted. But the law doesn't say, "Employers don't have to pay unused vacation at termination but if they do, they have to pay all of it". It says, "Employer's don't have to pay unused vacation at termination".

    As long as the employee gets paid all the dollars they are due under the law (i.e. for all the compensory time) neither the Feds nor the state of Missouri gives one hoot what bucket it comes out of.

     

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