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Sep22

are we required to pay?

Employee termed for poor performance. Employment agreement states: “10. TERMINATION.

Either Party may, at any time, with or without cause, terminate this agreement by giving two weeks’ written notice to the other Party. If requested by the Employer, the Employee shall continue to render services pursuant to this agreement during such notice period, and shall be paid regular compensation until the last day of the Employee’s employment (the “Termination Date”). ”

Former employee is demanding 2 weeks pay. Do we have to pay them?

It appears from the terminology in the employment agreement that you do not have to pay, provided the employee did not work the two weeks (unclear if the employee worked). If you gave the employee the two weeks notice, and requested they leave (not render services) and did not work, then the employee is not entitled to any pay.

This entry was posted on Saturday, September 22nd, 2012 at 10:03 am and is filed under
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3 Responses to “are we required to pay?”

  1. Peggy Jenkins Says:

    If we are a semi-monthly payroll and an employee starts on the 17th when our pay cycle began the 16th, which is a Sunday, are we required to pay for the full pay cycle or from the start date. HELP PLEASE!!!

  2. hrlady Says:

    Hi Peggy,
    A semi-monthly payroll refers to paydays that occur 24 times per year usually on the 15th and last day of the month. The workweek does not have to coincide with the calendar week, but instead it may begin on any day of the week and at any hour of day.
    If your semi-monthly payroll begins on a Sunday the 16th of the month, and your exempt employee starts on Monday the 17th of the month, it would appear that he/she is to be paid the full pay cycle. If however, Sunday is your normal start day of the workweek in which he or she or all employees start their week, and the new employee missed Sunday, then you are allowed to dock the pay for that Sunday. If your employee would normally start on a Monday, like all employees, then there is no reason to dock the employee’s pay and they should be paid the full salary.
    Thank You for reading the Humanresourceblog.com.

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