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Terminated Office Manager

edited October 2009 in Human Resources
I am consulting for a doctor's office- an ex-office Manager who handles all the vacation requests and payroll, claims she had 18 days unused. Per the Doctor and staff she would take time off all the time and say she is going on vacation. She even prepared a monthly calander and gave to all staff indicating she is on vacation. She hired an attorney and claims she never went on vacation. We received a log of her history and she didn't sign in at all on 38 days this year, same days she said she on vacation on the monthly calander- it would be impossible for her to do her job without logging in. Legally where do we stand?

Comments

  • I think you have a pretty decent shot. The only possibility of an issue you might have (and not saying you will) is that the employee was never advised that her vacation was being decremented for these vacation days. You have the monthly calendars (which SHE prepared) and log-in history showing not logged in. Could she claim she was working at home without logging in? Sure. However, then that conflict with HER calendar may shoot her case in the foot.
  • Was the vacation earned/taken on her pay stub along with a balance? If so, and you can reasonably show she was provided with that stub, then that combined with the days of not logging in is pretty substantial evidence. Can she offer up any evidence whatsoever (emails, call records, documents) that she worked on the days in question?

    Ultimately though if she took it all the way to court it would be up to a jury.
  • If you entered the vacation taken then it should appear in your system somewhere, like on the check stub, payroll journal or vacation reports.
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