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Recent Final Paycheck questions

Not familiar with this site. how much does it cost to ask a

Not familiar with this site. how much does it cost to ask a questionJA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: OK..am associate at my wife's dental practice gave a week's notice - last day being Dec 22. We did not give him his final paycheck that day and paid him with the regular paycheck batch - pay period ending Dec 31 and check dated Jan 6. He now wants his regular pay for every day beyond Dec 22 including the holidays through Jan 6. What am I legally liable for?JA: Have you documented this or discussed it with HR?Customer: It's a small business practice with 12 employees. I am acting HR.JA: Is the employment agreement "at will," union, full time or part time?Customer: at will. He works 4 days a weekJA: Anything else you want the lawyer to know before I connect you?Customer: He wants to return his paycheck and get it back-dated to 2016 for tax purposes. If I do that and back date it to 12/22 will I still be liable for not issuing a paycheck on his last day of employment

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Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
I have to fire someone this Tuesday who verbally attacked me

I have to fire someone this Tuesday who verbally attacked me yesterday for sick days they wanted pay for. That person used up all their sick days and then attached me verbally. Police came and I ended up in an ambulanceJA: Have you documented this or discussed it with HR?Customer: I dont know what to doJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I'm afraid this person is unstable and not sure what he is capable of doing.

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Loren

Juris Doctor

40,390 satisfied customers
We have a small company in Texas that employees outside

We have a small company in Texas that employees outside sales representatives for rain gutter installation services. Occasionally, the representative will measure incorrectly and sell the customer a gutter system which should have cost more than the contract price. We never go back and ask the customer to pay for the difference but instead eat that cost. Is it legal to deduct the full cost of these missed items from the sales reps' commission?For example if the rep measures 400ft and charges the customer $1600 when the measurement should have been 450ft and the cost to the customer $1800. Is it legal to deduct the difference of $200 from the salesperson's commission?What if the deduction ends up being less than the total commission of the job and resulted in a negative amount?

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Dwayne B.

Juris Doctor

36,978 satisfied customers
I signed an NDA because my former employer told me that if I

I signed an NDA because my former employer told me that if I did not I would not receive my final check. Is this NDA binding? I have recently found out that it is against the law to do this.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: San Diego, CAJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I worked for a food truck who was supposed to cater a wedding for a couple of clients. She knew before signing the contract she could not provide the service, and she did not show up to the wedding. I have been contacted my the clients to offer a statement since I know this, but I don't know If I can because I signed the NDA under the previously mentioned conditions. Can I give a statement to the couple saying the owner knew she could not provide services?

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Lucy, Esq.

Juris Doctor

32,018 satisfied customers
I was told on Dec. 16th @5pm to not work my upcoming

I was told on Dec. 16th @5pm to not work my upcoming schedule. When I asked why my supervisor said that she did not know. She said corporate office would contact me and they have not to date. Nor have I received a final paycheck.How should I proceed?Marie S.

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Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
I was terminated from my employer on July 26, 2016. On the

Hi, my name is***** and I was terminated from my employer on July 26, 2016. On the week on July 4th, i had a vacation day on July 5th. I got sick with Lyme Disease, but was unaware i had it at the time and with a fever of 103 i called in sick on July 6th. When i returned on July 7th (still had a fever) i was given a written warning and suspended without pay until the following Monday. On July 8th I was admitted to the hospital, diagnosed with Lyme Disease and was discharged on July 17th with a return to work on July 20th. I returned to work and they never took the discipline away. I was supposed to be on restricted duty as i managed a warehouse and they did not follow the restrictions. I left July 22nd 30 minutes early for an appointment and when i came back the next week on Monday i worked a full day and on Tuesday July 26th I was brought into the office and terminated.At the time of termination I was not given my final paycheck and when i asked for it they said they would mail it to me. I have received my final pay since, however i've been trying to get unemployment since and have been unable. I am looking for advice, as i feel i have been untreated. Had no prior discipline and was actually sick with Lyme Disease when they terminated my employment.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: my position was a Warehouse Manage Manager nothing else at this time

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Marsha411JD

Doctoral Degree

19,404 satisfied customers
If we are terminating an employee that is responsible for

Hello-If we are terminating an employee that is responsible for the equipment in his area, and he cannot account for it all, as the employer, can we deduct the amount of missing equipment from his final paycheck?

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Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
According to my contract, employee is required to repay all

Hi,According to my contract, employee is required to repay all relocation expenses on a pro-rated basis if he/she resigns within 12 month from the time last payment was paid for relocation services. I relocated in September but my company held the last payment until 12/29. I was not informed in anyway of the last payment date for the relocation services. But they asked me to pay 1/6 of the relocation fees. Is there any way I can avoid paying this?JA: Have you documented this or discussed it with HR?Customer: No, I was about otJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: No that was all, thanks

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Loren

Juris Doctor

40,390 satisfied customers
My wife recently chose to terminate her position. She was

My wife recently chose to terminate her position. She was approx. 6 months into her 'anniversary year', but had already used almost 100% of her scheduled vacation time (approx. 1/2 of which had not yet been 'earned'). The employer is insisting they be reimbursed for the overage, and made a large deduction from her final paycheck to cover part of that reimbursement.We're not opposed to paying back something, as it seems like the right thing to do.However, we disagree with their calculations.What is our best approach?

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Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
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