can a employer legally hold my pay check | |
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Aileana User ID: 561062 United States 01/05/2010 02:56 PM Report Abusive Post Report Copyright Violation | for being late to a meeting? Quoting: Anonymous Coward 857918an employee can't hold your entire check for any reason. that is money you have legally earned are entitled too. they can however hold a small portion if they believe that you owe them money.. such as if you have a cafeteria at your work Last Edited by Aileana on 01/05/2010 03:00 PM |
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Anonymous Coward User ID: 391006 United States 01/05/2010 02:59 PM Report Abusive Post Report Copyright Violation | Well since the state of california can issue an iou instead of a check...anything is possible. Seriously, I would of course call your boss' bluff and tell him that you are aware that holding your check for tardiness is in violation of the labor board, as well as a offense that can be fined by the Unemployment Department of your state. It is illegal to withhold your check without a legal order and notice to you beforehand. |
lime flavoured User ID: 857653 United Kingdom 01/05/2010 03:00 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 831992 United States 01/05/2010 03:04 PM Report Abusive Post Report Copyright Violation | |
C74R1TY-44 User ID: 839448 United States 01/05/2010 03:06 PM Report Abusive Post Report Copyright Violation | You've already worked for the money. They can't mandate additional stipulations after the original contract. They are in breach. Sue them. The storm is closing in to begin again from the beginning. Never sitting through my waking life oblivious. The ignorance running rampant through the city is indicative of something worse; this picture isn't pretty. |
Aileana User ID: 561062 United States 01/05/2010 03:09 PM Report Abusive Post Report Copyright Violation | i am a payroll accountant and have been for close to 15 years, the FLSA states that a company cannot legally hold your paycheck you must be paid for all the time you have worked. threaten him with the department of labor and then file an unpaid wages statement with them. Last Edited by Aileana on 01/05/2010 03:09 PM |
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Aileana User ID: 561062 United States 01/05/2010 03:15 PM Report Abusive Post Report Copyright Violation | i am a payroll accountant and have been for close to 15 years, the FLSA states that a company cannot legally hold your paycheck you must be paid for all the time you have worked. threaten him with the department of labor and then file an unpaid wages statement with them. Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA. Last Edited by Aileana on 01/05/2010 03:15 PM |
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Anonymous Coward User ID: 857940 Netherlands 01/05/2010 03:24 PM Report Abusive Post Report Copyright Violation | i am a payroll accountant and have been for close to 15 years, the FLSA states that a company cannot legally hold your paycheck you must be paid for all the time you have worked. Quoting: Aileanathreaten him with the department of labor and then file an unpaid wages statement with them. Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA. # 1 answer Thanks... Aileana you have been alot of help! |
Anonymous Coward User ID: 635275 United States 01/05/2010 03:31 PM Report Abusive Post Report Copyright Violation | Well I was a bookkeeper and a few companies I used to work with did in fact hold employee's paychecks. Usually when someone quits and that employee did not call them to tell them so...also they have held the checks because the employee did not turn in some equipment that was issued to them...I believe they can hold your paycheck for up to 2 weeks...at least that is what the companies told me when I questioned this. Doesn't seem right to me though... Quoting: AngelseverywhereI was also a bookkeeper for many years in California. If an employee quits and doesn't return equipment the cost of the equipment should be taken out of last check. Then company either holds check for pick-up or employee can request they mail it. If a person is fired the check must be ready at the time of firing. In the OP's case they can not hold the check. He/she can call labor board and for every day that check is delayed beyond the regular pay day the employer is charged a penalty which is paid to the employee. The penalty adds up. I have known of employees getting more than twice their regular pay amount on top of their regular pay. |
Anonymous Coward User ID: 831992 United States 01/05/2010 03:37 PM Report Abusive Post Report Copyright Violation | Well I was a bookkeeper and a few companies I used to work with did in fact hold employee's paychecks. Usually when someone quits and that employee did not call them to tell them so...also they have held the checks because the employee did not turn in some equipment that was issued to them...I believe they can hold your paycheck for up to 2 weeks...at least that is what the companies told me when I questioned this. Doesn't seem right to me though... Quoting: Anonymous Coward 635275I was also a bookkeeper for many years in California. If an employee quits and doesn't return equipment the cost of the equipment should be taken out of last check. Then company either holds check for pick-up or employee can request they mail it. If a person is fired the check must be ready at the time of firing. In the OP's case they can not hold the check. He/she can call labor board and for every day that check is delayed beyond the regular pay day the employer is charged a penalty which is paid to the employee. The penalty adds up. I have known of employees getting more than twice their regular pay amount on top of their regular pay. I hear ya AC...in the cases of the equipment their paychecks did not have enough to cover the missing equipment. So they decided to hold the check until they gave back the equipment. Believe me I questioned this when they told me to hold the paychecks and its not just one company that I worked for that has done this...I think it's wrong as well... and as for when they held the checks for people that did not call them to tell them they were leaving... I know that they were just doing it out of spite...but what could I say to the owners of these companies ya know? I needed my job... |
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Fred User ID: 1081195 United States 06/22/2012 08:38 AM Report Abusive Post Report Copyright Violation | Legally almost certainly not.... BUT... The law is for the rich and powerful. Can you afford to lose the job? They can find an excuse, and you would be homeless before ever winning in court. Better to suck it up for now, start looking hard for a place that doesn't suck as much. |
whycan'twe User ID: 1299171 United States 11/20/2013 09:44 PM Report Abusive Post Report Copyright Violation | Does anyone out there in MI deal with Mental Health fidicuaries holding paychecks back for multiple excuses thatrange from 1)"we didn't get the time sheet that was faxed to us on time, don't care that you have proof", 2)"our person who writes the checks went on vacation, you'll get your check when they get back", 3)"unless xcz this that is done, we will not send your paychecks". None of these reasons sound legal to me, but they are the fidicuary for the County...so...they must be, right? Any thoughts out there, or similar experiences and POSITIVE results? |
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