Involuntary Termination

terrima

Does anyone know in the State of Minnesota if there is a law that says if you fire an employee that you have to have their final paycheck to them within a certain period of time? Policy manual does not give a time frame.

deniseE

Check with your DOL....it's probably even on the web page...

PA does, I believe it's 45 days...

marc

Don't know about Minnestora. Nevada says a fired employee must be paid immediately, however there is no penalty if you pay within 3 days.

If they quit, they must be paid no later than the day on which they would have regularly be paid or within 7 days, whichever is earlier.

I would bet your state law is similar.

LarryC

In Minnesota, when an employer discharges an employee, any unpaid wages and commissions at the time of discharge are immediately due upon demand, and must be paid within 24 hours of such demand. This demand must be in writing. Failure to do this could result in the assessment of penalty of up to an additional 15 days' wages.

Good practice here in the State of 10,000 Employment Laws, is to generally have the final paycheck ready at termination.

Don D

It's odd that a person would have to ask for his wages in writing. As Elmer Fudd would say, 'What a wacky wegulation'.

Marc didn't extend his wager to me, but I would take it. In this state there is no regulation regarding final pay other than wages must be paid on the next regular paydate.

LarryC

This state has a few oddities and not just in employment law.

When it comes to voluntary terminations, we get to wait until the next scheduled pay period, UNLESS (remembering we're in the land of 10,000 employment laws), 1. the next payday is less than 5 days (doesn't specify calendar or working) from termination, then payment is due on the second scheduled payday, BUT no later than 20 CALENDAR days following, and 2. It's a sales person and whether it's quit or fired, commissions are due on demand and no later than six working days later AND a salesperson who quits without notice must be paid on demand no later than six WORKING days. HOWEVER, if a salesperson has given at least 5 days' (doesn't specify calendar or working)notice, they must be paid on demand within three WORKING days.

I won't go into the different termination pay rules for transitory employees and employees who handle company money or property.

Someday I'll tell you all about the administrative judge who fell asleep during an unemployment appeal hearing.

Don D

Spare me, but do tell me what a 'transitory employee' is. He's transitioning through a lavatory assignment, right?

LarryC

THIS state defines a transitory employee as (I am not making this up) "employees working on roads and sewers or similar jobs that require them to change their place of residence". For the record THEY must GENERALLY (whatever that means) be paid in 24 hours. MN Stat. Sec. 181.11

Someday, just for fun, I might call the Att.Gen. and ask if that's 24 consecutive, daylight, or working hours.

Don D

Translates to illegal aliens, correct?

Crout

Actually, in PA all wages are due on the next regular payday after termination.

FHR

In MA due at time of termination and/or within 24 hours. I always just covered my company's b*!! and got the check to them at time of term. But then my company has the ability to cut a check on premises.