Missing empolyee

[ACS]

Texas

I had a performance review with my employee. After he managed several projects unsuccessfully and cost the company money, I told him that it appears that he is lacking the work skills or management skills to do a job unsupervised.

I told him that starting in Nov. we were going to cut his hrly pay by $2.00. Thus, giving him 2 weeks at his current pay to adjust.
Since I see some potential with this employee, I told him that we would help him be successful by sending him to needed classes/education and pay for it. I also told him that we would do another review in 60 days to see if we can raise his pay, a little at a time, as his education and dedication to self-improvement increases. We would continue to do mini-reviews so we can get him back up to what he was making when he started (8 mo. ago).

After the review, the next day he had a scheduled day off for a medical procedure... He called in each day (6) saying that he had major problems for this procedure and is on medication, unable to come in. Now we haven't heard from him in two days. I have tried to reach him.

Questions: When can I consider him no longer working for the company?
I need to cut off his phone; he has our credit card and equipment?
I don’t want to pay unemployment so what documentation do I need?

Getting it off my chest: It's really too bad for him if he leaves, I like this employee and I would work hard to help him be successful; I am disappointed.

Thanks so much!

 

[cbg]

You can consider him terminated whenever you choose to. The law does not specify what time frame you have to use. Most companies use either two or three days of no-call/no-show for termination, but it's not specified by law.

I don't believe there's a specific list of documents you have to have. The more the better. If it were me, I would send him a letter telling him that since he has failed to call in for x days, his employment has been terminated; his phone has been cut off; his credit card has been cancelled, and his computer access removed.

I would also include, as a matter of course (I would always include in a term for no-call/no-show) that you will consider reinstating him IF he can provide a valid reason why he failed to call in. (Just as an example, about the only valid reason I would consider is if he were in a coma in the hospital and he had no family in the area who could call in for him. You do not need to tell him that.)

 

[ACS]

thank you for your reply. we have a new policy to add to our list.

thanks again,
ACS

 

[ACS]

Hi cbg,

The "missing employee" finally called to say he quit. He had a few tools and equipment he returned to our office manager except for two mapscos. He does not want to pay us for these items.

I ‘am not going to deduct the $35.00 from his final paycheck because it isn't worth my time to deal with his negotiations and threats.

Here is my questions:

He signed a payroll deduction authorization agreement which states that I can deduct for reasonable replacement costs and company money loans.
Could I have deducted this $35.00 and been protected?

I need to make sure I am protected with this “employee payroll deduction authorization agreement”. If I had a big ticket item, such as a tool that may cost a couple of hundred dollars, can I deduct it from an employees' pay?

It seems I am always eating things.

Thank you
ACS

 

[cbg]

The state of Texas prohibits deductions from an employee's paycheck unless they are required or permitted by law or court order, or authorized in writing by employee for lawful purpose. Texas law, according to my source, is silent on whether you may deduct for losses, shortages and breakages.

In my non-legal opinion (I'm a Human Resources professional, not an attorney) the agreement you describe is not specific enough to run the risk. I would not want to make a deduction based on a broad-based authorization. I'd want to have one specifying that I could deduct for non-returned equipment before I'd be comfortable making the deduction you describe.

If you want a definite answer for future reference, you can check with the Texas DOL. You might want to get an opinion from them in case you want to amend the wording of your agreement.