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).
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.
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).
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.
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