Holiday Pay- should I pay him?

[hlbtimes2]

Ok, help me decide what to do, because the boss wont.

I'm doing payroll. We are a small company, without a lot of formal, written policies (bad, yes, but not my company, I just work here). Policy is you must work your scheduled day before and after a paid holiday to get paid. We have an employee that has missed a lot of work lately. Last week he missed Monday and Tuesday. He does not have vacation/ sick time to cover it. He came in on Wednesday. But, he only worked 5 hours. He left at lunch to start his holiday weekend. No one else left early, just him. He didnt ask the boss about it, just said goodbye and left. Monday he came in, and the boss laid him off/ fired him. I asked the boss if I am to pay him. Boss said "I dont know, what do you think we should do?"

 

[Evil Genius]

Your boss needs to grow a backbone and make this decision. I wouldn't do anything with this until he does.

 

[WDWorBUST]

I would pay him. My reason is the headache is gone.....and it avoids the potential for a really big headache if you don't have formal written policies that address leaving early on the shift before or after a holiday if he wants to make a stink about it. He technically did work the shift before the holiday and the shift after he was told not to. I would pay him....and if your boss questions it I would tell him you felt like it was the best thing to do to protect the company from any legal liability under the circumstances.

 

[Chilehead Too]

(bad, yes, but not my company, I just work here). "

You say it right there. If your boss is such a nambi pambi, I would pay the man.

 

[Jennifer S]

I agree - let your boss decide. If he won't I'd pay him just to keep him off my back. If you don't pay him you know where he is going to complain and it ain't the boss.

 

[hlbtimes2]

Your boss needs to grow a backbone and make this decision. I wouldn't do anything with this until he does.

Understatement of the year! I could go on for days, but I wont.

 

[lyzziesmom]

I would stick with the policy and not pay him. My last company (a big company) had the same policy, but IF your time off was pre-approved by management, AND you had vacation time to cover it, you were eligible for holiday pay. Otherwise, if any portion of the day before or after the company holiday was not worked, you did not get paid. It sounds like this employee, and I use the term loosely, was abusing the system and trying to get fired.

 

[SoonerGirl]

Sounds like he only came in on Wednesday to try and get his holiday pay. I would pay him for the 5 hrs he worked Wednesday and 1 hr show up time for Monday. If he says anything about the holiday pay, let him know a full scheduled day prior to the holiday is required to get holiday pay.

 

[noodleknitter]

If he was out because he was ill, he may very well have slid in on Wed. to try to catch up, and left because he was too ill. I know that may be reaching, but I'd pay him. But I'm like that.

 

[lesroi]

Sounds like he worked the day before and after so you really should pay him.

As someone who has spent 13 years in HR, I can tell you that your boss is headed for a world of hurt. If this (former) employee is savvy, he will file for unemployment. He will get it too, because I am certain there is no documentation of the "firing."

Your boss should attend some classes or get a qualified HR professional to consult with right away!

If I were you, I would ask if he'll pay for you to get some HR education as well, since he seems to defer the decisions to you anyway.

The difference between getting laid off and fired is big, in terms of everything including money. I certainly feel for the position your boss has put you in!

Tracy

 

[lulugirl]

I would pay him.
Your boss is a wuss.

 

[helenabear]

Technically he did work the day before and the day after, only he was let go before he could get much work done in on the Monday. Only because of that would I pay him the holidays. Unless it states that you have to work the full shift. If it only states the day before and after, that is too loose to risk not paying him.

Otherwise I would pay him the 5 hours and be done with it.

 

[hlbtimes2]

Sounds like he worked the day before and after so you really should pay him.

As someone who has spent 13 years in HR, I can tell you that your boss is headed for a world of hurt. If this (former) employee is savvy, he will file for unemployment. He will get it too, because I am certain there is no documentation of the "firing."

You dont need a reason to fire people in WA state. And, boss has already told me and the person in question that he can file for unemployment. We'll call it a lay off. And, no, the guy is not savvy. He called begging for his job back today. He has an outstanding balance with unemployment, for a claim he collected on and was not entitled. I dont know if they will give him unemployment again or not, until the balance is paid. He owes over $6K to them.

 

[lesroi]

Sounds like he worked the day before and after so you really should pay him.

As someone who has spent 13 years in HR, I can tell you that your boss is headed for a world of hurt. If this (former) employee is savvy, he will file for unemployment. He will get it too, because I am certain there is no documentation of the "firing."

You dont need a reason to fire people in WA state. And, boss has already told me and the person in question that he can file for unemployment. We'll call it a lay off. And, no, the guy is not savvy. He called begging for his job back today. He has an outstanding balance with unemployment, for a claim he collected on and was not entitled. I dont know if they will give him unemployment again or not, until the balance is paid. He owes over $6K to them.

I am not saying you need a "reason." You don't need a reason in many states. (It's called "Employment at Will.") This does not however, absolve you of the need to document poor performance. (A common misconception!) For instance, if you have a written disciplinary policy and you chose not to follow it, it will be to your detriment as a company if this "gentleman" tries to sue you. I would keep this little grain of info in your files the next time the boss "fire/lays off" someone, just so you can CYA.

I wonder if your boss knows that unemployment gets "charged" to him (or the prior company this person worked for) in the form of higher unemployment tax rates. I would probably not be so cavalier if it were my company. Letting someone go in the proper way is generally easier than wimping out and calling it a layoff. (Especially when it is clearly a lie.)

At any rate, I stand by the assessment that the company needs some HR help/education. It's just a matter of time before you get taken to the cleaners. It just takes one vindictive employee to get it started. Please take the advice in the spirit given. I sure didn't mean to hurt your feelings or imply that you don't know what you are doing. Just looking to save you some face and likely some money. Believe me, I have come in and cleaned up many an HR mess that sounded just like this in the beginning. Kudos to you for sticking it out, lol!

Tracy

 

[figment52]

I would pay him. My reason is the headache is gone.....and it avoids the potential for a really big headache if you don't have formal written policies that address leaving early on the shift before or after a holiday if he wants to make a stink about it. He technically did work the shift before the holiday and the shift after he was told not to. I would pay him....and if your boss questions it I would tell him you felt like it was the best thing to do to protect the company from any legal liability under the circumstances.

It is exactly what I would recommend too.