Termination Meeting Compensable?

HRQ

Is time spent being terminated compensable?

I've always paid it in the past and never thought twice about it.

Dutch2

Same here...never really thought about it. The ee either clocks out after they are term'ed or we clock them out after the fact.
Seems like the right thing to do since your are requiring them to be there.

HRQ

I'm writing our "thieving" employee's term document. At the end of term documents, I always write "final paycheck, including all hours worked through and including the termination meeting, will be mailed to employee's current mailing address within 72 business hours of this discussion."

My main purpose is to prevent them from calling, demanding their paycheck within 72 calendar hours. (They all have an attorney, their dad's an attorney, they once slept with an attorney, etc. and assure me I am breaking the law.)

In this case, the employee hasn't actually worked in over a month, and we'll have to write a final paycheck for probably all of 30 minutes of her time. I just "don't wanna" as she has already taken several thousand dollars from us.

But I guess I will pay her. Maybe I'll just cringe and gag and swear while filling out the paperwork and that'll make me feel better. Or not. I may have to do it, but I don't have to like it. xx(

lrobb

Just think how mad you would be if you didn't do the right thing and ended up paying the ee even more. Doing the right thing isn't always easy but at the end of the day you sleep better.

HRQ

Oh I know. I will pay her, but I still don't have to like it. x:-)

Writing the COBRA denial letter is next on my list.

Elizabetharess

Tell me about the COBRA denial. I have never had that pop up. We did have a case where we could have but the execs said to offer COBRA so I did.

HRQ

I researched the COBRA issue, and found where it says an individual is eligible for COBRA except separation for gross misconduct, but I couldn't find the reg that defines gross misconduct. Our local HR consultant emailed me this;

The COBRA gross misconduct guideline, defined as follows:
Although illegal or dangerous acts committed in the workplace are likely to qualify as gross misconduct, the acts need not be criminal or otherwise unlawful in nature. In some instances, even acts that occur away from the workplace have qualified as gross misconduct. A definition widely used by the courts goes something like this: Acts of gross misconduct are intentional, wanton, willful, deliberate, reckless, or in deliberate indifference to an employer's interest. Often, acts that will prompt an employer to terminate an employee are those done in deliberate violation of the employer's known standards. However, those acts may not constitute gross misconduct for COBRA purposes unless they go beyond simple negligence or incompetence.

ritaanz

Q, I would love to be able to tell the employee, John Doe, that this termination is compliments of John Doe. But, it doesn't happen.

HRQ

It's one of those things that I'd always paid the employee for, never thought twice about, and this time thought twice about. My logic was, attendance is required, therefore it's paid.

Again, I just "don't wanna," but I will pay her.

ritaanz

Look at it this way. Your are getting rid of a big problem before it gets any bigger. The pennies it took is worth it.