Do I need to pay an employee for full day if he walks off job?

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Do I need to pay an employee for full day if he walks off job?

An employee walked off the job after 5 hours, went home and sent his resignation email. He put 5 hours of labor and 3 hours of leave without pay on his timesheet. Am I required to pay him for the full 8 hours or only 5? Our headquarters are in NJ, but this employee was working in MD office.

Asked on August 11, 2011 New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was this a salaried employee or an hourly one?

If he was a salaried employee, you need to pay him for a full day of work; salaried employees do not have their pay reduced on an hourly basis, but rather would only lose a day of pay for a full day's absence (assuming no PTO used to compensate). Since this employee was there for 5 hours, he should be paid for a whole day.

If he was an hourly employee, you need only to pay him for the time actually worked (and, if he'd validly used PTO hours, for those). If he left after 5 hours and used 3 hours of unpaid leave, you'd owe him for the 5 hours of work.


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