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Working Without Authorization
Benefits & Compensation
Working Without Authorization
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
We had an employee who was on restricted duty for a non-work injury. We could not accommodate the restriction and told the employee that he could not work. The worksite is in a remote location, and ap
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Forums » Topic Forums » Benefits & Compensation » Working Without Authorization
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Working Without Authorization
posted at 6/29/2009 10:00 AM EDT
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Posts: 62
First: 9/13/2005 Last: 11/19/2010 |
We had an employee who was on restricted duty for a non-work injury. We could not accommodate the restriction and told the employee that he could not work. The worksite is in a remote location, and apparently, the employee clocked in for several hours of work a day anyway. No one was on site to verify whether the employee was actually working or what he was doing. He has since resigned. Are we required to pay him for the unauthorized "work"? |
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Working Without Authorization
posted at 6/29/2009 10:12 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I would say yes, because it is always the employer's responsibility to track time worked. And usually on wage claims, if the employer has not tracked time and the employee has, the board will side with the employee.
Did you put anything in writing specifically telling that employee not to work, not to show up at the worksite and not to do any work from home? If so, you might have a better case. In the future, I would try to analyze what could have been done differently to prohibit the same thing for occuring again. If no one was there, how did he get in? Maybe restricted access, taking away his work keys, etc would have stopped the situation. |
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