Legal Question in Business Law in Arizona

Fired for theft?

An employee was caught rifling through another employees purse and wallet. She was caught red handed in the act of stealing. Immediate dismissal ensued ...My question is...Must we pay her severance or vacation pay....We cut her a check for all the hours and overtime she was due at the time she was dismissed?


Asked on 10/07/08, 12:13 pm

1 Answer from Attorneys
F. Gonzalez The Gonzalez Law Office

Re: Fired for theft?

The issue regarding Severance Pay depends on "whether or not you have a severance policy or an employment agreement with a severance clause in effect?", and "what it says regarding separations based on theft?". If you don't have a severance policy in effect and/or an employment agreement with a severance pay clause, then you shouldn't owe any severance pay.

The issue regarding Vacation Pay, that depends on whether or not the employee has "accrued" vacation pay. The employee must be paid his/her "accrued" vacation, as it is deemed "earned" pay and therefore wages.

Regards,

Felix

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Answered on 10/08/08, 12:41 am


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