Is dead employee still an employee?

HeRman39

An employee left work early one night stating he was sick. The next day we learned that he had been shot by a policeman after alledgely attempting to run over the policeman, his girlfriend, and her mother with his car. He was charged with a number of felonies, including attempted homicide. He had recovered sufficiently from his injuries to be placed under arrest and incarcerated. After making bail, he returned home where he died when the bullet (which had not been removed) shifted.

We had been awaiting some of this to play out before determining the disposition of this employee. Certainly, if the accusations were correct, his absence from work would be cause for discharge.

We now have health insurance issues (Is he covered? Do we need to offer COBRA?), life insurance issues (Is he covered?), vacation issues (Is he, or his estate, entitled to vacation pay?)

This is the first time we have encountered this situation...hopefully it will be the last. Any help would be appreciated.

deniseE

I would think that because he never had the opportunity to stand trial for the accusations, they remain just that, accusations...unless he is tried posthumously.

How would you handle anyother ee that died during service?

JM in ATL

Well, if you never fired him, then I would have to say yes. Although you meant to fire him, he never recevied a termination/separation letter or any other indicator that his employment was at terminated for his outside actions.

Of course if you are determined not to carry out the termination benefits, then look at your attendance policy. Do you have a no call/no show policy? How many days can an employee miss with a no call/ no show before you consider them involuntarily termed? And how long was it before the incident was brought to the attention of the company?

But when you get down to it, you should offer the death benefits to the family. He was an active employee who was not at risk of losing employment until he was accused (but never convicted) of a crime.

Don D

I hate it when other people say this, but, "Check your policies". If your insurance policy is in effect until termination, then the individual is covered until he died. You should pay his final paycheck and unpaid leave, according to your policy, to his wife or estate.

HeRman39

Good point Denise. I guess we will treat him as just that...an employee. However, I am sure the insurance companies will be wrestling with this one. We never dropped him from health and life insurances so coverages should still be in effect. As for any vacation pay due, I suppose we will have to be directed by his estate where to send those monies.

Parabeagle

His family is entitled to any wages due and owing to him (in accordance with whatever your state laws are regarding payout to deceased employees' family members), vacation if you pay it out upon termination, etc. As far as the life insurance is concerned, I would tell the executor of the estate that they should file a claim and then it's out of your hands. Many insurance policies have an exclusion prohibiting payment of benefits if the death occurred during the course of commission of a felony, but that's going to be between the employee's family and the insurance company.

ray a

Our health insurance includes an exclusion for any expenses incurred while commiting any crime, criminal act, assualt, or any other felonius behavior. Life insurance will not be paid out if death is a result of commiting a criminal act.

Check your policies.

njjel

I agree with the others. I would turn in the dealth claim to the insurance carrier and let them decide if it is payable or not. COBRA should be offered to his covered family and accrued time paid out to his estate.

Crout

I agree with the other posts. Since you never fired him it's just like he was at home, had a heart attack and died. Very simple really.