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Termination Pay and Seminars

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Posted 21 days ago

 

I have an employee whose employment was involuntarily terminated.  He will be paid through this pay cycle and should receive a vacation payout of 4 days.  Last month he went to a 3-day work-realated seminar that had been previously approved by management.  We have since come under new management and they have decided that because he will be taking his knowledge with him, I need to charge him vacation for those three days.   I have been looking for information that shows that I am not allowed to do that because it was previously approved and he was not told in advance, but I can't find anything.  Has anyone ever had to do this or do you have any knowledge of any regulations that would prevent me from charging him vacation?

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Rate This | Posted 20 days ago

 

First check your local laws.  In the state of Mass, vacation pay must be paid out upon termination, so withholding the cost of the seminar would probalby get you in trouble.   If you have a written vacation policy or practice that you pay vacation out at termination and then deduct the cost of the seminar, you will be in violition of the law, you are only allowed to deduction certain things and the cost of a seminar is not one of them.  Second, it is unfair what you are doing. At the time the employee went to the seminar he went to gain knowledge tht would benefit the company, just because the company decided to end their employment does not change anything.  Compare the cost of the seminar to the cost of the legal fees you most likely will have to pay to defend your self in a lawsuit and is is really worth it.  compare the cost of the seminar to the amount of damage that you will have with your current employees when they find out.  How many of them will be willing to gain knowledge to help your company if they risk having to pay it  back.  this is a poor move and will cost you more then what it is worth.