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Paying During Investigation for Termination
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Paying During Investigation for Termination
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Generally, when employees (non-exempt) are sent home pending investigation for termination, we have not paid the employee. We've tried to take no more than a couple of days to complete the investigat
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Paying During Investigation for Termination

posted at 8/13/2009 4:40 AM EDT
Posts: 11
First: 8/11/2006
Last: 2/23/2011

Generally, when employees (non-exempt) are sent home pending investigation for termination, we have not paid the employee. We've tried to take no more than a couple of days to complete the investigation (sometimes longer), but if we found no wrong doing, the employee was compensated. My question is when the decision is made to terminate, is it common practice to use the last day worked as the termination date? Or, do any of you pay them for the time period of the invesigation and terminate on the date the employee is informed of the decision. I'm trying to weigh the pro's and con's and get a feel for best practice. Thank...
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Paying During Investigation for Termination

posted at 8/13/2009 5:38 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
We would not pay for the time, but would use the actual date we made the termination decision as the termination date.
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Paying During Investigation for Termination

posted at 8/14/2009 2:14 PM EDT
Posts: 108
First: 2/1/2007
Last: 9/9/2010
We pay for the time and use the actual termination date as the date of termination (not the beginning of the leave.) The reason we pay is because CA law requires that a paycheck is due at the time of termination. Our employment attorney has indicated that the labor board frowns upon employers using a unpaid leave of absence for investigation to delay the payment of the final check.

Basically, the labor board is suspicious because they think the employer may be using the unpaid leave to delay the final paycheck rather than to legitimately investigate the charges.
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Paying During Investigation for Termination

posted at 8/17/2009 4:47 AM EDT
Posts: 11
First: 8/11/2006
Last: 2/23/2011
Makes sense. Thanks for your responses....
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Forums » Topic Forums » Legal Forum » Paying During Investigation for Termination

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