Vacation in Mississippi

bamahr

Does Mississippi consider vacation earned time, even if your policy does not state earned leave? I have been told - if an employee leaves we have to pay them all vacation time, regardless of our written policy to prorate time based on months worked in that year.

LeeR

we pay out all accrued vacation regardless of the reason for termination but do not pay out any sick time upon termination. this is corporate policy not based upon state law that I am aware of.

Dasher

My Human Resource Guide indicates that Mississippi has no state provision in relations to a state law on payment requirements upon termination.

bamahr

Thanks - this particular termination has gotten ugly. I currently have an armed guard at the site.

Don D

It's correct that MS has no state law addressing this. Go with your policy and hope it's written the way you want it to come out. If it isn't, you might look at re-writing the MS part of the policy. I've seen policies that consider vacation an accrued, earned right and others that state that vacation is a gift from the employer, which he may retract. My last job, union contract, had the policy of paying out the entire amount of vacation that would have been available to the employee at any time during the year of termination, UNLESS the employee was discharged for cause or quit without two weeks notice, in which event nothing was paid out.

Pork

BAMAHR: If your company policy says that you award vacation time; then, that vacation time should be considered as property of the employee, once awarded! Therefore, I would recommend that you very quickly satisfy the disgruntle employee and pay the vacation awarded and not paid out. If the situation is so hot that you now have an armed guard, it is time to back off the "hardnose emotional game" and pay the price necessary to insure the safety of the current work force. The price of the vacation pay, be it one week, two , three, or four is not worth the stress on everyone in the office or organization that most likely feels afraid for their own safety. Pay the price and call it the "best decision of your companies' life"! Make contact with the disgruntle ee and make arrangements for a quick transfer of the check from your company hands to the ee's hands. Don't poke the made bull with a hot iron!

PORK

marc

THis is good advice. If you have paid out accrued vacation to other ees and it is your policy, you are stuck. Pay now, or face the exposure of paying much more later.

bamahr

In a perfect world I would poke the bull with a hot iron OVER AND OVER AGAIN. We have not been doing that - when I reviewed his vacation time he has taken everything three weeks. There is nothing to pay him. We have a guard because I do care about everyone's safety. Our current site manager previously worked for a company that had a shooting - she was extremely upset with his outburst and threats (rightfully so)this particular site is an hour and a half away - if a target they are the likely ones. He calls every single day and rants about everything and anything. I have over 15 minutes worth of voice mail messages he has left. I begin to wonder if he thinks by calling everyday he still has a connection. Part two: his unemployment has been denied - the calls will continue I am sure.

sonny

Have you notified the police?

bamahr

We called them the day we terminated him and requested them be at the site (they did not show). I have not since then called them - he left me a message this morning and actually sounded calmer. I worry more about getting a call that the building is on fire - I think that might be the greatest risk, but you can't be too careful.