Q. Our company recently terminated an
A. As you are aware, an exempt employee must be paid on a salary basis—which generally means that he or she is entitled to his or her full salary for any week in which he or she performs any work.
However, the FLSA does not require an employer to pay an employee for full days that have not been worked because of termination. Consequently, you may prorate the worker’s pay based on the number of days actually worked.
This calculation is permitted when the employee begins or ends employment in the middle of a workweek (or another specific statutory exception applies). Reducing an exempt employee’s pay in other circumstances may jeopardize the worker’s status and entitle him or her to overtime.
- Upside of unions: No suing for wrongful termination
- Firing justified if employee tries to short-Circuit system
- How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave
- The clock is ticking: Note exact date employee learned of termination decision
- Don't be afraid to fire insubordinate supervisor