Exempt EE, UI Hearing

LindaS

We have an exempt level EE who was placed on an unpaid disciplinary suspension back in Oct. He filed UI and it was denied. He has filed an appeal and has stated, in his letter, that he does not want a telephone hearing but rather an in-person hearing.

My question is that since he is currently working, are we required to pay him for the time he misses going to the UI hearing? Can we mandate that he use vacation time or are we just stuck?

seeleyhr

I would check with your wage and hour bureau with this one. They have guidelines as to what to follow. You might also what to check the Labor Dept. wage and hour manual or their website.

Don D

Unless your state requires payment to attend a hearing, and I doubt it does, you would not pay him. If he was suspended for only one week, it would serve as his UI waiting period anyway and he would not be paid. I think I'd attend just for the comedy of it. He thinks he'll have a soapboax from which to rant. Surely the hearing officer will limit his ramblings to the point at hand, not your policies or procedures. They're not going to rule on your disciplinary policy, only whether or not he was off due to 'fault of his own'. And they are only going to rule on his eligibility for UI....there is no way they can make you pay him for the time you had him suspended if he thinks he can get that done. Sounds like one worthy of 'having a complete file built on him', with, let's see....maybe a mid February termination.

LindaS

Don - Thanks for the info. but WI does not have a "waiting period" for UI and he was paid $$ that he now has to pay back. As for the termination, this is the same guy who filed an Age Discrimination claim against us and we are currently waiting for the state's decision. While I don't like to terminate people, this one MORE than deserves it. In fact, had it not been for this age discrimination claim, he would have been terminated for his last issue instead of receiving a suspension.

Don D

Another thought. If you were represented by counsel on the Age Discrimination charge, I would advise that attorney that you are entering another adversarial arena with this employee. The attorney might have some special advice before you attend the hearing. I would also advise the UI hearings department that you do request the telephone hearing and that it presents no hardship for the ee since he is at the same location. Otherwise, I'd still show up and wouldn't let this bonehead get the best of me. I love a challenge, don't you?

LindaS

I already spoke with our attorney regarding the UI situation and we are awaiting the notice of hearing. While I would normally agree with you about the "challenge", this situation is getting more and more involved and I don't see any end in sight.

Thanks for the advice, though.

marc

In Nevada, the applicant must not only be able to work, he must go on three job interviews a week. Wouldn't it be nice if one of those interviews turned into another job? Problem solved. If it only were that easy.

Don D

Marc; there is a large difference in 'going on three job interviews in a week' and writing down the names of three businesses one sees while toolin' down the highway. x:-) "Yeah, man, I interviewed at Church's Chicken, the Bowlin' Alley and MacGruder's Diner."

marc

Having never personally filed, I am again showing naivette. Don't they check that these interviews actually happen Oh, maybe that's some other world I saw on a late night episode of the twilight zone.#-o

Crout

If he's exempt and he only misses part of the day attending the hearing, but works the rest of the day, you'd have to pay him the full day anyway under FLSA, no?