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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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Good Morning! My question has to do with an employer withholding

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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
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 3 years 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 would be the first day that she misses a half hour (and Friday of this 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.

Customer: replied 3 years 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).


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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