QUESTION

Wrongful termination/Won't pay out remainder of Personal Leave

Asked on Nov 21st, 2015 on Labor and Employment - Minnesota
More details to this question:
Was terminated by HR Specialist, is it valid when policy states only president can terminate people? Supervisor stopped payment on my paycheck, that was done with the presidents approval. She will not pay out my remainder of my leave hours. Policy states all leave must be paid out at termination. I requested my personnel file on Monday Nov. 16 and still have not received it.
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1 ANSWER

Many company policies have disclaimers saying something to the effect of how, despite what the policies may say, the company retains the right to terminate employees at-will and/or that the company may, at its discretion, bypass stated internal disciplinary processes. If that's your situation, then the fact that the HR person terminated you instead of the president probably makes no difference. However, when any MN employer employing labor within MN discharges an employee, the wages or commissions actually earned and unpaid at the time of the discharge are immediately due and payable upon demand of the employee. And, depending on what your former employer's policies say, that might include earned but unused paid time off. There are penalties and other consequences that can be assessed against a MN employer that does not follow these rules. A MN employer must comply with a written request for an employee's personnel record no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state.      
Answered on Nov 23rd, 2015 at 7:15 AM

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