Community› Wedding Discussion Boards› Wedding Etiquette Forum
Wedding Etiquette Forum
New Discussion
Options

Employer holding a check

dukeylouisedukeylouise
First Comment
in Wedding Etiquette Forum
Ok so H went ahead and took the job offer which ended up being even better than we had hoped.  He gave his two weeks notice and now his job is being a royal PITA.  He works for the state and apparently his coworkers are telling him that if he doesn't finish out a complete pay period, they will hold his check.  I don't understand how they can do that.  His notice says his last day is 9/4.  He shift ends on 9/2 so he won't be working on 9/4.  The pay period ends on the 1st and 15th.  I'm hoping they mean that he just won't get paid until the 15th, which I would assume would be true anyway.  The way they made it sound was that they would hold it, as in not give it to him.  Does that sound legit?Also, he has "comp" time which basically is OT that they don't pay you for, they are just supposed to give you that time to be able to take days off.  It is impossible to get the days off approved so basically you end up working free overtime.  Shouldn't he get paid for that in his final check? They are saying he won't.
Report Reply to Post

Re: Employer holding a check

  • Options
    fangsitingfangsiting
    First Comment
    Check your state's department of labor website.  It should have a bunch of helpful information.  They cannot not pay him for time worked, but how long they can wait would depend on state law. 
    Report Reply
  • Options
    TheSaltyPeanutTheSaltyPeanut member
    First Comment
    FI and I both work for the state too. Comp time here means that, say you work 2 hours overtime. Instead of getting paid time and a half, you get "time and a half" put in a "bank" and can use those days as time off later. It equals out the same. It's a great way to save up hours to get extra days off. I think there was a miscommunication from your DH's coworkers. Not to say the State is correct all of the time, etc., but they wouldn't be doing anything illegal regarding pay and your getting paid on time. Most state employees are part of the union. Good luck, let us know how it goes!
    image
    Report Reply
  • Options
    Soon-to-be Mrs. VogtSoon-to-be Mrs. Vogt
    First Comment
    I think by holding it, they mean that he won't get it on his last day. He'll have to wait til the 15th. Unless there's some reason to hold it (he needs to return company property or something) I can't figure out why they would. It's just more of a pain for them to do that.Comp time is sort of a crock made up for salaried employees. It's a way to get them to work beyond their hours while still feeling that it's a good deal to be salaried. As far as I know, there is no law requiring a company to pay comp time. Recorded vacation time, yes, but I know at least here, we don't pay out for it.
    image
    Report Reply
  • Options
    pumpkinpumpkinpumpkinpumpkin
    Combo Breaker First Comment
    I don't know what the laws are there...but here, the only reason you can withold pay is if the employee quit without notice. Even that is difficult...but witholding vacation pay is completely legit...you don't have to pay it out until the fiscal year end of the company. It doesn't sound legit to me...they probably meant that he wouldn't be paid until his regular pay period (which to me is common sense). If the OT thing isn't perfectly recorded, it will probably be difficult to collect on that money.
    image
    Report Reply
  • Options
    lyndausvilyndausvi mod
    First Anniversary First Answer 5 Love Its Name Dropper
    I'm assuming they will just pay him for the time he worked in the pay period and just pay him on the 15th.  As far as comp time.  You can kiss that one goodbye.  But what DH has done sometimes is adjust their end date to include the comp days so they still get paid. (not all of them, but maybe 5 days worth).  But somehow I do not think the state would be as nice.






    What differentiates an average host and a great host is anticipating unexpressed needs and wants of their guests.  Just because the want/need is not expressed, doesn't mean it wouldn't be appreciated. 
    Report Reply
  • Options
    dukeylouisedukeylouise
    First Comment
    Well I do know that his uniforms have to be returned since they belong to the department of corrections.  That is sad, because I was really hoping he could be a CO for halloween and I could an inmate!
    Report Reply
  • Options
    tidetraveltidetravel member
    First Anniversary First Comment
    The last two days that he works fall within the pay period from 9/2 - 9/15, which I would think means that he wouldn't get the check for his last 2 days until his regularly scheduled pay date for that pp - usually about a week later.As far as comp time, he needs to talk to upper management or his HR department.  Since it's not OT - he wouldn't be paid for it, but I don't think they can deny him the leave, either. 
    Holy Crap. We survived the first year!
    http://tidetravel.weebly.com/index.html
    image
    Lilypie Third Birthday tickersLilypie Second Birthday tickers
    Report Reply
  • Options
    fangsitingfangsiting
    First Comment
    When I left the federal gov't, I had several hours of comp time & was paid out in the end.  They should have a written policy on comp time.  I'd file a wage claim with the state DOL if he doesn't get paid for that. 
    Report Reply
  • Options
    dukeylouisedukeylouise
    First Comment
    He had to take an inmate to the hospital today but when he gets back to the prison he is supposed to go talk to HR and the assistant warden. Hopefully they will be able to give a little more insight.  I didn't expect him to get paid until his normal pay date, but I really hope they pay out for his unused vacation right away!  Waiting until the end of the fiscal year would suck.  Especially since the job he is taking holds the first paycheck.  We will be fine, but once you get used to a certain budget, it is definitely a transition!
    Report Reply
  • Options
    Calypso1977Calypso1977 member
    First Anniversary 5 Love Its First Answer Combo Breaker
    it is against the law to withhold someone's paycheck.
    Report Reply
  • Options
    pumpkinpumpkinpumpkinpumpkin
    Combo Breaker First Comment
    we can't hold vacation pay if an employee quits with proper notification. It must be paid out with the last pay. Sorry for the unclear exlanation.
    image
    Report Reply
  • Options
    Calypso1977Calypso1977 member
    First Anniversary 5 Love Its First Answer Combo Breaker
    oh, and he is owed the comp time as well, adn comp time is paid out the same as OT, meaning you get 1.5 times.  If he has 8 hours of comp time on the books, that means he's eligible for 12 hours.
    Report Reply
  • Options
    dukeylouisedukeylouise
    First Comment
    Oh calypso, I hope you are right!  Thanks for the clarification P2, I understand better now.
    Report Reply
  • Options
    cdeshanecdeshane member
    First Anniversary First Comment
    Yeah I would check with the employer and not take the word of another employee. We hear so many rumors at work and I have yet to see any of them happen. He should discuss it with the employer.
    Report Reply
  • Options
    dukeylouisedukeylouise
    First Comment
    Shane, my first question to him when he told me was "Who is that and how do they know?"  I'm assuming it is just rumor. *hopefully*
    Report Reply
  • Options
    TheSaltyPeanutTheSaltyPeanut member
    First Comment
    dukey, I know you were probably kidding about the uniforms and halloween, but FI and I have a friend/coworker who did that with his CO uniform for Halloween and he was actually terminated. When he started, there was paperwork everyone signed that acknowledged that they would not wear the uniform in public. Corrections here have even written employees up for going to Kwik Trip after work (they are supposed to cover up the badges with a coat). Unreal!
    image
    Report Reply
  • Options
    dukeylouisedukeylouise
    First Comment
    H had to sign the same contract.  He is not supposed to wear his uniform in public unless it is a quick stop on his way home.  If he does wear the uniform, it has to be the complete uniform including his utility belt, hat, coat, everything.  The punishment for non-compliance is termination.
    Report Reply
  • Options
    Spim7Spim7
    First Comment
    If he has direct deposit, it won't change when he gets paid. If he doesn't and get a paper check it may take longer because they cut paper checks on a different rotation than the computerized direct deposit (of course that may only apply to our State).
    Report Reply
  • Options
    Calypso1977Calypso1977 member
    First Anniversary 5 Love Its First Answer Combo Breaker
    spim makes a good point.  quite often, final checks are paper checks. also, to clarify:  our employees who receive comp time are HOURLY.  none of our salaried employees receive comp time.  we are expected to perform our jobs in 40 hours, btu we can, for hte most part, perform those 40 hours anytime we want, within the general constraints of the 8-5 work day, meaning if we have a night meeting, then come in late the next day, we dont have to use accrued time, but i dont really consider this "comp" time becuase i would not be paid out for the time spent at my night meeting if i left.
    Report Reply
  • Options
    sarabellamsarabellam member
    5 Love Its First Comment First Anniversary
    I don't know about the comp time, but when I left my last teaching position (with 4 month's notice) I lost out on all of my accumulated sick days. 36 days, down the drain. I should have taken off the last 7 weeks of school. But did I do that? Nnnnoooooo, I was there every day.
    Report Reply
  • Options
    Calypso1977Calypso1977 member
    First Anniversary 5 Love Its First Answer Combo Breaker
    sarab, we only pay out sick time to employees who RETIRE, and then its paid out 1 day for 4, or 25%.  if you leave for other reasons, you dont get it.  i think this is pretty typical for local government, but i could be wrong.  but, i stockpile mine becuase we have no short term disability, adn we can carry over as much as we want.sadly, we do have some folks taht abuse sick time in their last years, with the thinking that they should use it and get 100% of it rather than leave and get none of it or 25% of it.
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards