My wife was fired on a monday does the employer have 2 pay up the remainder of the week? she is on salary?

Question

Also they say they have her in their system as 11 hours of pto accrued but her check stub says 82hrs they claim they gave it 2 her she says no and her final pay stub and all before it indicate they havent she has been with them 1 year 7 months

Answer 1

If she was fired, she is owed 2 weeks severance pay.

Answer 2

they don't have to pay her for time that she didn't work whether she is salaried or not. instead, they will prorate her weekly or bi-weekly pay to come up with the amount she makes per day and pay her accordingly. this is fair.

if there is a dispute about how much pto she has been reimbursed for, she should collect her paycheck stubs and make an appt to speak with someone in HR. she should go over the stubs again and make sure that she isn't mistaken first. most companies are pretty careful about avoiding lawsuits, so i can't imagine that they would steal pto from her. also, i'm not sure that a company owes you money for unused PTO if you are fired, especially if your wife was fired for violating company policy or ethics. it would be really embarassing to make a fuss if your wife turns out to be wrong. so, check and dbl check, then make an appt with HR.

if HR isn't helpful, consider if it will be worth your time & money to hire a lawyer. at most, you will only be awarded the amount of PTO she had, not a whopping settlement.

Answer 3

This is state law, so you really have to say where you live. Under the federal law the answer is no. She has to be paid for monday only. Whether or not she gets her PTO after termination of employment depends on the written policy of the employer.

It is unlikely she's eligible for severence as she was fired not layed off.