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re: Legal question regarding withheld pay
Posted on 11/16/16 at 3:06 pm to NYNolaguy1
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 3:15 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
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