Wages Due

BLS

One of our salesman has decided to resigin and will more than likely go to work for a competitor. He has provided us with his two week written notice. Due to the fact he is a salesman and has acess to company information, we may decide to release him prior to the end of the two weeks. Are we liable to pay the remianing wages of the two weeks as well as commissions. Where would I find this law ? Note: AZ Company
Thank You!

moneyman

We have released people before their intended notice time and we have paid them regular salary up until the day that they asked for release (which was only 2 weeks). I think that is only fair. However, I don't know that there is a law that mandates you pay someone if you decide to release them early. Thinking about At-Will makes me think NO. Especially if they have already decided to leave, you just decided to have them leave a little earlier. About commissions, doesn't a salesperson earn commission on productivity so that if he is being "paid out" there wouldn't be any commissions?

E Wart

Payment of commissions would have to be tied in to your state law (if any) and also your policy of how commissions are paid.
If you are an at will state, you don't have to pay them for this "notice time". However, they could probably go file for unemployment and get it since you are then "terminating them".
If you do deterimine you need to let the person go early, the best thing is to pay them the "pay in lieu of notice" time and end it on a good note.
You may need a few days to get information and transition (where are files, what appointments are set up, what orders is he working on, etc.) so, you may not need to pay them for the full two weeks, maybe only about 6 or 7 days.
Also, if you are afraid that they may "take info", they may not have gotten "all of it" yet if you let them go early.
E Wart