How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36753
Experience:  I provide employment and discrimination law advice in my own practice.
Type Your Employment Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Good Morning! My question has to do with an employer withholding

Resolved Question:

Good Morning!

My question has to do with an employer withholding a paycheck...

My daughter gave her part-time employer about one week's notice (that was all the notice my daughter had, and, the part-time job is only two days a week). The part time employer is very upset about her leaving, and said that she signed a paper stating that two week's notice would be given. My daughter was bullied into going to work this Tuesday and Friday afternoon, thus completing the two weeks. She wull go after the new fullt ime job, but will be 30 minutes late.

The part-time job pays via Direct Deposit once per month. My daughter's on-line stub shows no DD today (for August's work and pay). She does not begin the new job until this morning (September 3rd), so, in a very literal sense, she did nothing wrong during the month of August, for which the employer is penalizing her and withholding her August pay). At the worst, she will be 30 minutes late today and Friday (during September).

Can the employer to this? What can my daughter do? Does she have to wait the full month until she is paid?

Thank you
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you this morning. I also happen to be a Pennsylvania licensed profesional.

Does the employer may her 'forward' or does he pay based on what she earned? has she earned funds for which she is expecting payment? Is the empoyer explaining why the withholding took place?
Customer: replied 10 months ago.


The employer pays for the previous month. The check she would receive today is only for Ausust's hours worked.


 


The employer told my daughter that she would hold her pay (for unknown duration...and she only pays once per month, at the beginning of the following month) because she gave less than two week's notice. She did not miss any work in August...today would be the first day that she misses a half hour (and Friday of this week...as she was bullied into working these two days to complete the two week's notice).

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up, Dan.

What the employer is doing is not just wrong, it happens to be illegal. An employer cannot legally withhold pay for ANY reason unless the employee consented to it in writing. It is truly that simple, and if they do not pay her in a timely manner, your daughter can contact the Dept of Labor to file a complaint against them, or take them to small claims court and compel them to pay her as requested. It does not matter how small or large a company is, they CANNOT withhold regular pay.

Good luck.

Customer: replied 10 months ago.


EVEN.....if she DID sign a paper upon employment that she would give two week's notice (and, since she is going in this week, she did just that).

Expert:  Dimitry K., Esq. replied 10 months ago.

Dan,

Giving a promise to give notice is not the same as agreeing to withhold pay. The first is arguably a breach of contract but it would not give rise to the employer permitting himself to keep her wages. Employees are entitled to be paid regularly, not at the whim of the employer--that is the violations in this instance.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36753
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 5 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.