Cincinnati, OH asked in Employment Law for Michigan

Q: Our handbook states need of 2wk notice to quit to get paid PTO. My employee gave 8 days notice in MI. She says I owe her

She told our Manager and asked her not to tell us because the employee said she’d tell us. When she told me over the phone, after working together for the whole week, it was 8 days notice. I feel since our employee handbook states 2 weeks required to get paid out PTO, I’m being just. She’s threatening court. Any suggestions or comments?

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: You may be justified in your stance, but is it worth it to the company to defend against a court action.

Here's a thought: how about deducting the daily value of the PTO for each day short of 2 weeks notice and see if she'll agree with that?

You really should make this decision in consultation with your general counsel or an employer-side labor attorney.

Michael Zamzow
PREMIUM
Michael Zamzow
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Did she work 8 out of 10 work days? Did she work 8 days out of 14 days? It sounds like no matter how you cut it, she probably didn't work two weeks, but it is almost never that simple. Did she work 8 days separated by a weekend? Why didn't she work 2 weeks? She told your manager that she was quitting, what did your manager say and when did she tell your manager?

So, while you might be on otherwise fine legal footing, there's usually more to the story when you hear the plaintiff's side. And it would be pretty interesting to see where this issue goes, but my guess is, Mr. Geers asked the most important question, is it worth it? It depends, and you'll probably want to direct this question to your general counsel. If you don't have a general counsel it might be worth the monthly retainer to clean up the handbook and answer these types of questions with more certainty.

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