retro pay for reinstatement of termed ee

atrimble

We have an employee who was terminated 10/10, who filed an appeal to our Board and won on 11/1. The Board not only reinstated employment effective 10/10, but they are directing me to pay back wages and benefits as if he'd never left employment. I'm now trying to determine whether we have to cut him a special check to catch him up with rest of payroll, or can we wait until the next scheduled payroll processing? The pay period he missed ended 10/28, and since he was reinstated during the current pay period (ending today), he'll get a regular check with next pay period ending on 11/11. Can we just add in the retro wages for the PPE 10/28 to the next check, or do we have to cut him a special check?

LarryC

Unless the "Board" says anything, I'd do it at the next scheduled payday. The DOL allows any adjustments (which you can argue that this is)on the next scheduled pay period.

Shadowfax

Larry's correct about the DOL, but your state regs will overule: in MI we would have to cut a separate check. And, think about what the Board is tellin you, this guy should never have been termed - so now you are going to further punish hime by waiting an additional pay period to be paid what he should have been paid before? The employer was in the wrong (apparently),. don't compound your error.

KathyHR

Even if the regs allowed the next payroll I'd cut a special check due to the circumstances of the termination being overturned. Making him wait until the next payroll will probably be a hardship for him and I wouldn't want to make him even more upset about the whole situation. By paying him quickly it'll start the healing process.