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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am currently working in sales. I have a base salary which

Customer Question

I am currently working in sales. I have a base salary which is paid weekly. The company pays one week behind. So work for this week is paid next Friday. The owner and I have had a disagreement and he has threatened to not pay me for this week. He is demanding that I come into the office so he can review my calls this week and if I don't, he won't pay me. I want to resign and not have a confrontation. We had a conversation earlier this morning and he was verbally abusive. Does he have the right to not pay me for this week?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
The short answer to your question is, no, he does not have the legal right to not pay you for work performed. The only legal exception would be that he does not have to pay you if he has evidence that you did not actually work on the days claimed for work. If he has evidence in that regard, then he has the legal ability to not pay. That is an unusual occurrence, however.
So, in short, whether you resign or are terminated, he has to pay you for the time you have worked.
Let me know if you have any other questions or comments.
Best wishes going forward!
Customer: replied 1 year ago.
I had asked a previous question concerning non-payment of my salary if I leave my employment today. Since I am home based, I make calls from my home office and it always been this way. I don't document the calls I make. The owner is demanding that I come into the office today and review my calls or he will not pay me for this week. He has already been verbally abusive on the phone and I do not care to have a face to face confrontation. I would like to resign today and would like to make sure he can not refuse to pay me for this week. I have performed my job the same this week as in previous weeks. Please give your advice.
Expert:  Delta-Lawyer replied 1 year ago.
You can legally resign and he can legally withhold your last check unless you can show, in some way, that you have performed the work required or agreed to perform. A copy of your phone records could easily prove that which you claim as matched by the call list you are to call from. If you provide that to him, then he would legally have to pay you. Otherwise, it is unlikely that you will be paid and he would have grounds to deny payment.
So, I suggest calling your phone coverage provider and getting a copy of your calls over that time period. You can redact the personal calls by striking through them and leave only the business calls made.
Let me know if that helps. I want you to be as comfortable as possible as you move forward.
Thanks!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments on this matter? Just want to make sure you are as comfortable as possible moving forward. Thanks