Payout upon Term - Which state to go by?
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We have a traveling salesperson who reports to our corporate office, which is located in one state but he actually resides in a different state. Which state law would you use when determining payout of vacation upon termination. One state requires it be paid, the other does not.
Comments
This is a tough one. I would also keep in mind that in some states that don't have a law requiring you to pay out vacation, the courts have held that if you have a policy or practice of doing so, you have to pay it.
I would think that you should follow the law in the state where your company is. Does the salesperson report to a supervisor that works in your corporate office? Do his or her paychecks come from your office? Did he or she sign a contract or fill out pre-employment forms in your office? I would think about all of these things, or you can also call your state's Department of Labor. They are always a great resource on wage law.
Good luck!