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CBA and Payment Upon Discharge

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  • 09-28-2008, 09:28 PM
    morgan93
    CBA and Payment Upon Discharge
    My question involves employment and labor law for the state of: Indiana

    When I was fired management failed to pay me for the day I reported to work and was terminated. (automatic 6 hrs. per cba) Now the following article comes in to play. I have filed the grievance and it will be heard soon Management says no violation on the 6 hrs. pay nor the clause below.
    Should I expect 8 hrs. of pay per day they don't pay me, or is there another factor in Liquidated Damages which I don't really understand. I do know others have been paid for payroll mistakes before using the 8 hrs. pay per day.

    ARTICLE XX. Discharge
    Upon discharge, the Employer shall pay earned wages due to
    the employee on the next payroll following the date the
    employee quits or is discharged. Vacation pay for which the
    discharged employee is qualified shall be paid no later than
    the next payroll following final determination of the discharge.

    Failure to comply shall subject the Employer to pay liquidated
    damages in the amount of eight (8) hours pay for each day of
    delay. Upon quitting, the Employer shall pay all money due to
    the employee on the next regular payday for the week in
    which the resignation occurs
  • 09-30-2008, 09:30 PM
    Mr. Knowitall
    Re: CBA and Payment Upon Discharge
    You reported to work and were informed that you were fired the moment you arrived? If you believe you are entitled to six hours of work for that day, argue it through your union.
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