- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
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 3:06 pm to NYNolaguy1
I'm looking at the employee contract and it says nothing about days off in it. That's why I wasn't sure. If it was full pay when time was taken is he allowed to deduct it now?
And like I said the guy is a cheap scum bag who tries to short people pretty consistently. That's why my friend is leaving.
And like I said the guy is a cheap scum bag who tries to short people pretty consistently. That's why my friend is leaving.
This post was edited on 11/16/16 at 3:08 pm
Posted on 11/16/16 at 3:07 pm to RJL2
quote:
If it was full pay when time was taken is he allowed to deduct it now?
I think that's what he's trying to figure out.
Were these days that he took off PTO that he had accrued? Or did he take them off without accruing them, and the employer paid him for those days anyway?
It seems fishy regardless, because what was the employer planning on doing? Waiting until the employee quit and then deduct non-PTO days from his last paycheck? Like I said, that doesn't make any sense.
Employer is most likely trying to screw him over.
But the important question is whether the days he took off were PTO.
This post was edited on 11/16/16 at 3:10 pm
Posted on 11/16/16 at 3:09 pm to UGATiger26
Paid for those days anyway.
Posted on 11/16/16 at 3:10 pm to RJL2
quote:
Paid for those days anyway.
So it wasn't PTO?
In that case, I don't think your friend has a leg to stand on.
This post was edited on 11/16/16 at 3:11 pm
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 3:12 pm to elposter
There's no PTO accrual on pay stubs and the employment contract says nothing about time off.
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 3:15 pm to RJL2
quote:
And like I said the guy is a cheap scum bag who tries to short people pretty consistently. That's why my friend is leaving.
I would report the boss to Louisiana Workforce Commission, and if unsuccessful to small claims.
I believe the boss would have to show that somehow the employee owes money to the employer to do that. Also, IIRC there's penalties in Louisiana for illegally withholding money from a paycheck.
quote:
Deductions from Wages
An employer may not fine an employee or withhold or deduct fines from an employee’s wages, unless:
the employee willfully or negligently damages goods or works,
the employee willfully or negligently damages or breaks the employer’s property, or
the employee is convicted or pleads guilty to theft of the employer’s funds.
Louisiana Stat. 23:635
Thus, an employer may not deduct from an employees wages, except when the above conditions are met:
cash shortages
breakage, damage, or loss of the employer’s property
required uniforms
required tools
other items necessary for employment
LINK
Posted on 11/16/16 at 3:17 pm to RJL2
quote:
There's no PTO accrual on pay stubs and the employment contract says nothing about time off.
Does your friend really have an employment contract? That's actually pretty rare. What about employee handbook/policies? That's usually where this stuff is.
If there is truly nothing written about entitlement to PTO then its a matter of verbal understanding between the parties. The employer will take the position that employee was not entitled to paid time off so essentially 4 days of compensation were advanced or overpaid and now it is being deducted and the employee is square (has been paid for all time worked). Might be hard to prove otherwise.
State law may also require written authorization from the employee to deduct from a paycheck too even if the employee clearly was advanced compensation/previously overpaid.
This post was edited on 11/16/16 at 3:23 pm
Posted on 11/16/16 at 3:21 pm to Lazy But Talented
No I got my paycheck Monday morning. This is a different person. 
Posted on 11/16/16 at 3:23 pm to elposter
quote:
What about employee handbook/policies? That's usually where this stuff is.
I don't know. This guys is sketchy and my friend is gullible. Just seeing if anyone can help out.
Posted on 11/16/16 at 3:23 pm to NYNolaguy1
quote:
I would report the boss to Louisiana Workforce Commission, .
Waste of time, save your breath.
quote:
and if unsuccessful to small claims.
Big mistake, lawyer up with a plaintiff's employment lawyer ASAP.
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 3:43 pm to JoseVargasTX
quote:
or the eeoc
Posted on 11/16/16 at 4:07 pm to TigerGman
You got that right--just won two cases with eeoc. Big wins for me!
Posted on 11/16/16 at 4:15 pm to JoseVargasTX
You got that right--just won two cases with eeoc. Big wins for me!
Awesome. But not for late wage claims you didn't.
Awesome. But not for late wage claims you didn't.
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.
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News