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Started By
Message
Legal question regarding withheld pay
Posted on 11/16/16 at 2:57 pm
Posted on 11/16/16 at 2:57 pm
A friend of mine put in 2 week's notice and will get the last check they are owed next Friday.
The boss is claiming since they were paid for days off (2 sick, 2 for a funeral) back in September that he can deduct those from the last check
Is this legal? The guy is a huge scumbag and will try it anyway.
Eta: I pulled a few lines from the employee contract.
There is nothing in the contract regarding time off whatsoever. The only thing about compensation says
It has a 4 page sexual harassment policy though
The boss is claiming since they were paid for days off (2 sick, 2 for a funeral) back in September that he can deduct those from the last check
Is this legal? The guy is a huge scumbag and will try it anyway.
Eta: I pulled a few lines from the employee contract.
There is nothing in the contract regarding time off whatsoever. The only thing about compensation says
quote:
Employee will receive compensation of ________ per week payable to the employee by regular payroll practices of the company
quote:
The Empioyee shall devote business time (excluding vacations and Other approved leaves of absence) to the performance of the Employee's duties with the Company.
It has a 4 page sexual harassment policy though
This post was edited on 11/16/16 at 3:27 pm
7
Posted on 11/16/16 at 3:04 pm to RJL2
quote:
The boss is claiming since they were paid for days off (2 sick, 2 for a funeral) back in September that he can deduct those from the last check
If this was PTO that had been accrued beforehand I'd say not only no, but hell no.
To me it would depend on if the employee had sick/vacation time accrued, or if he was given essentially an advance.
Posted on 11/16/16 at 3:05 pm to RJL2
quote:
The boss is claiming since they were paid for days off (2 sick, 2 for a funeral) back in September that he can deduct those from the last check
If he took PTO for those days, he is entitled to be paid for them. As for days he worked, he is supposed to get paid for them as well. PTO days don't "cancel out" days worked. At least, as far as I am aware.
Posted on 11/16/16 at 3:10 pm to RJL2
If used accrued/earned PTO for those 4 days, then generally no his employee can't deduct those.
It sounds like maybe your friend didn't have PTO available yet and was allowed an advance of 4 PTO days not earned yet. In that case then it's possible the employer could deduct. This is usually covered in employment policies.
It sounds like maybe your friend didn't have PTO available yet and was allowed an advance of 4 PTO days not earned yet. In that case then it's possible the employer could deduct. This is usually covered in employment policies.
Posted on 11/16/16 at 3:15 pm to RJL2
Same boss that didn't have your paycheck ready for you last Friday?
Posted on 11/16/16 at 3:24 pm to RJL2
Not sure what state, but often times your friend can go to the labor board or the eeoc and not need a lawyer. The previous employer will need one to fight/argue the charges and that gets expensive. He should draft a letter and state that he is going to eeoc and labor board based off the employee handbook and expects full payment of wages owed.
Posted on 11/16/16 at 4:28 pm to RJL2
He also owes you for unused leave time (vacation/sick) that you have earned.
Posted on 11/16/16 at 8:36 pm to RJL2
Call the Dept of Labor. I had a dispute when I left a job about unpaid overtime (employer tried to say they dont owe OT because I was salaried, DoL agreed with me and forced employer to pay). Put a call into DoL and explained what happened to the lady and she said I was in the right and employer owed me OT pay. Gave the DoL rep permission to contact employer on my behalf and they ended up paying me.
At the very least, DoL should be able to tell your friend whether the employer legally has to pay him or not and can help out getting it settled if the employer is in the wrong
At the very least, DoL should be able to tell your friend whether the employer legally has to pay him or not and can help out getting it settled if the employer is in the wrong
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