Unused paid time off - termination for cause

[Anonymous]

Do you need to payout unused paid time off when terminating employee for cause? I'm preparing a contract to read that termination of employment can be immediate and without compensation when such termination is for cause (i.e. allowing safety of child to be compromised, etc.). Thanks

[Anonymous]

You should include your examples of allowing the safety of your child to be compromised.

[Anonymous]

Anonymous wrote:Do you need to payout unused paid time off when terminating employee for cause? I'm preparing a contract to read that termination of employment can be immediate and without compensation when such termination is for cause (i.e. allowing safety of child to be compromised, etc.). Thanks

When you say "without compensation" do you mean without paying the employee earned wages, or are you strictly referring to unused PTO?

[Anonymous]

Check your state laws. This is another reason to have PTO accrue, and not be available up front.

[Anonymous]

I think the "without compensation" means that you don't have to give any notice, or pay any contractual severance. You definitely have to pay for hours worked (though you could probably deduct any costs associated with the reason you are firing her, but I wouldn't bother). This would include any owed PTO.

[Anonymous]

PTO should accrue. I am allowed to use mine up front, but it would be duducted from my final paycheck if we parted ways for any reason. I also do not get pay out or rollover, so I assume that if fired for cause I would not get PTO paid out. If you pay out vacation at the end of the year then I think accrued PTO should still be paid out. Also, you absolutely have to pay for any time worked if fired for cause, but not contracted hours. If I caught someone stealing or abusing a child, that would be a very different story.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Do you need to payout unused paid time off when terminating employee for cause? I'm preparing a contract to read that termination of employment can be immediate and without compensation when such termination is for cause (i.e. allowing safety of child to be compromised, etc.). Thanks

When you say "without compensation" do you mean without paying the employee earned wages, or are you strictly referring to unused PTO?

OP here - of course I will pay earned wages even if terminating for cause. This strictly refers to unused and accrued PTO. Question was if you also pay that out in addition to earned wages when terminating for cause.

[Anonymous]

Anonymous wrote:I think the "without compensation" means that you don't have to give any notice, or pay any contractual severance. You definitely have to pay for hours worked (though you could probably deduct any costs associated with the reason you are firing her, but I wouldn't bother). This would include any owed PTO.

Thanks. That's exactly what I meant (OP)

[Anonymous]

Anonymous wrote:You should include your examples of allowing the safety of your child to be compromised.

Op isn't responding. Why?

[Anonymous]

Anonymous wrote:

Anonymous wrote:You should include your examples of allowing the safety of your child to be compromised.

Op isn't responding. Why?

Why is this relevant/your business?

Her question is clear and complete.

Pay any accrued and unused PTO.

[Anonymous]

You also wouldn't have to pay for time when the person was not doing her job even though "on the clock." For example, if the reason you are firing her is that she left your child in a carseat all day while she went gambling, you don't owe her for that time.

I would probably still pay it just to get rid of her.

[Anonymous]

I looked around for sample nanny agreements and ended up using the one that is on the Nanny Association website (nanny.org) in their employer handbook.

They word it:

TERMINATION AND PTO PAY: Persons employed less than 180 days forfeit PTO accrual at
time of separation. Persons employed 180 days or more will be paid accrued PTO to a
maximum of hours.

We wrote in maximum of 40 hours.

I felt using their form made the negotiation easier between ourselves and our nanny, nothing is outlandish and it thought of a number of things we didn't consider.