What is the personal liability for a payroll clerk - California?
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What is the personal liability for a payroll clerk - California?
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If the company has a vacation policy that the clerk knows to be illegal, is the clerk liable in any way. The clerk has told management about the illegal policy (a use-it-or-lose-it policy regarding vacation pay). The clerk processes payroll and calculates final pay.
If there is liability, what can/should be done to protect against a lawsuit?
If there isn't likely to be personal responsibility, can the person inform a former employee of their wages that were legally theirs? If they don't want to tell the employee but the employee asks them if it was legal, what can they say?
Additional Details
Good to know there is no personal liability. I was afraid that final pay calculation would mean it was the person's decision not to pay out the time off and therefore their call. (the time off has been called 'floating holidays' but is taken at the employee's discretion and with no restrictions - the state doesn't care what its called, its earned wages if its treated the same as vacation... there currently is no written policy on this, the company just decided to offer it and told everyone they had to use it or lose it.)
Going out of the way to inform an ex-employee would be a sticky situation and probably not worth the hassle. What if the employee asks about it? Does the clerk have to tell them?
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michr
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there is no personal liability, if the company has a policy that violates the law the company is held accountable NOT an individual pay-roll clerk who is simply following the companies policies..
the payroll clerk needs to follow the company policy, if the payroll clerk thinks the policy is illegal then after discussing it with the company that person should contact the state and ask that they investigate. although a blatant "use-it-or-lose-it" policy is illegal, the employer can set contraints on how vacation is earned, redeemed/used and can limit how much vacation may be earned regardless of time on the job.
for information about vacation pay in Califronia see:
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
the payroll clerk should NOT get involved with this other then expressing a concern to the employer and then notifying the appropriate regulatory agency. the payroll clerk could be terminated for failing to follow the companies policy if that clerk was to contact an ex-employee......
although the payroll clerk probably would be vindicated in the end, it could take a lot of time, and may make finding employment, in the same position, with another employer, extremely hard to do......... |
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