Involuntary Termination
terrima
6 Posts
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.
Comments
PA does, I believe it's 45 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.
Good practice here in the State of 10,000 Employment Laws, is to generally have the final paycheck ready at termination.
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.
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.
Someday, just for fun, I might call the Att.Gen. and ask if that's 24 consecutive, daylight, or working hours.