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yasir 08-18-2005 06:20 PM

employer/employee question
 
One of my employee quits today with out giving me a 2 week notice as was agreed verbally between us.I still owe her 7 days of wages which i have no intention of keeping it.However since she was suppose to give me a 2 weeks notice,which she didn't can i deduct the cost of advertising and expenses like that from her pay check until i find her replacement ?
Thanks

Moses 08-18-2005 06:44 PM

No.

mikester 08-18-2005 06:48 PM

Nope. Wasn't she an "at will" employee? Depends on the laws of your state.

Sucks though. Not what I would choose to do.

pbs911 08-18-2005 07:06 PM

In CA you have 48 hours to get her the final paycheck. After that she has a claim for thirty days wages. Yes it sucks.

fireant911 08-19-2005 02:08 AM

yasir,
My wife is an Human Resources Manager and although she knows nothing about your question, I have been around her long enough to know the answer: pay the employee what is owed (including any accrued vacation) and move on. It is not worth trying to do any 'adjustments' regardless of how valid they may appear. The courts will look harshly upon your behavior if it ever makes it that far and you will be paying much, much more than advertising and the associated expenses of locating a replacement.

lendaddy 08-19-2005 04:16 AM

Agree, pay em and move on. You will have bigger setbacks in business, in fact this shouldn't make the radar.

FWIW, I had a young kid (kick asss worker) quit w/ no notice late last year. He came to me and explained it was a piece work job and he'd make $25 an hour. I told him I wished he'd given me notice but that I understand. Hired him back a month ago because I understand that he felt he had to do what was best for him at the time and wasn't motivated by screwing me. Lesson, it's not personal, don't make it that way. JMHO

Jims5543 08-19-2005 05:09 AM

I agree. Pay and move one.

I had an employee do that to me. He walked into my office in the middle of the day shook my hand and thanked me for everything (What ever that means) and walked out knowing he was messing me up pretty bad.

I ended up running a crew for 1 week until I found a replacement.

I mailed his final check. I will NEVER give him a good referance and will NEVER hire him back.

Walking out without notice, no matter how bad you think your job is, is burning the bridge.

lenndaddy is a bigger man than me because I would have never hired that kid back after he walked off the job. In my opinion you just sent him the message that its o.k. to do that. I would not be suprised if he does it to you again.

lendaddy 08-19-2005 05:28 AM

You could be right, but he is a great worker and I am making more money with him than without him.

yasir 08-19-2005 06:55 AM

Paid and i have moved on :D thanks for all your suggestions.

fireant911 08-19-2005 07:37 AM

One more note... we had an employee who pulled this stunt right in the middle of his shift. I believe that he stragetically planned his exit as so to inflict the most damage to the company as possible - he had always been a trouble employee and felt that he was owed soooooo much for his poor, lackadaisical performance. Upon his leaving, I instructed that he get paid immediately for all time worked plus any vacation which was promptly mailed to his home address.

Several months later this same employee had found a house to buy and the bank had called to verify his previous employment with us prior to providing financing. Unfortunately, I had to correct them when they presented the wrong job title, wrong pay level prior to leaving, and wrong reason for leaving. Now you guess if he was able to buy that house!!!


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