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The employee MUST be paid for any time they spend at the workplace leading up to and including the termination itself. If the employee reports to work and is fired five minutes after clocking in, those five minutes must be paid. If the employee reports to work and is fired before being clocked in no pay may be due for that day. Some states have "minimum pay" laws stipulating that if an employee is compelled to report to work they must be paid for at least X number of hours (normally 2). You should check to see if your state has such a law, and if it does, you probably must pay the minimum hours even if the employee does not have the chance to clock in before termination.

You should consult with an attorney or HR professional for completely accurate advice pertinent to your situation and location.

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Q: Should an employee be paid on the last day of employment when terminated by the employer?
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