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Withholding Pay

When starting employment, many times we have to wait a few weeks to be paid, bringing many questions regarding pay withholding. Many people often ask can an employer withhold pay for various reasons. Many do not understand the difference between withholding pay from employees vs. severance pay withholding. Often people may turn to the Experts for help. Listed below is five of the Top withholding pay Questions that have been answered by the Experts.

Can an employer withhold someone’s commission and part of his or her pay until the following pay period. Then only pay them their base pay because the controller is on vacation?

Only if they have a written provision that allows for the delay in pay due to returns, etc. but to change the policy unilaterally because the controller is not there is not valid and a violation of the Dept of Labor (DOL) guidelines for pay. The problem is you would have to file a claim with your local DOL which would not endear you to the employer so perhaps just pointing it out on a friendly basis will be enough to get them to cut you a check.

If someone that lives in the state of Michigan is having their wages held what can they do?

This procedure is illegal. The individual’s boss is not permitted to withhold wages and has to pay all of the individual’s wages that they earned in the before pay period. They can mention the relevant Michigan law to the individual’s boss as follows:

408.472 Payment of wages; time; regularly scheduled weekly or biweekly payday; monthly payday; overtime earnings during month of December; frequency of wage payments.

An employer who has established a regularly scheduled weekly or biweekly payday shall be deemed to comply with subsection (1) provided that:
(a) Wages are paid to the employee on the established regularly recurring payday; and
(b) Such payday occurs on or before the fourteenth day following the end of the work period in which the wages are earned.
(4) An employer who establishes a monthly payday shall be deemed to comply with subsection (1) if the employer pays to the employee on or before the first day of each calendar month all wages earned during the preceding calendar month.

If someone’s boss has not paid them and is withholding a letter that was mailed to the party by the IRS, and they opened the party’s letter and refuses to return it. How can someone have the boss prosecuted for this?

The individual can file two charges against them, 1) stealing someone else’s mail (18 USC 1708 and 1709) and destroying their mail (18 USC 1705). The individual should get in touch with the U.S post Office Inspection Service. Here is a helpful website https://postalinspectors.uspis.gov/. 2) The individual should file a wage claim towards their boss for the amount of cash that is owed to them here is a helpful website http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.

Can someone’s former employer withhold their entire final paycheck until they return their computer equipment?

Case Details: No deposit was ever requested and the party was never told prior to their employment or at any time during their employment that their check would be withheld until equipment was returned.

The company is required to pay the individual. If the company refuses to do so, then the individual can report the company to the Labor Dep. The company should ask to recover separately and could take this to small claims court.

If an employer is withholding pay from an employee because they cost the company money from their own negligence in the state of Colorado is this legal?

Generally speaking an employer in Colorado is not allowed to take a deduction for damage to company property caused by the negligence of an employee. The only exception would be if there was an enforceable contract where the employee received consideration in exchange for their agreement in the future to pay for damaged property.

Withholding pay by employers can be very confusing. Many of people are facing withholding pay, and have many questions and no answers. By asking the Expert’s individual’s can get their questions answered fast and promptly.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
2 Employment Lawyers are Online Now

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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Withholding Pay Questions

  • HI I received a letter a couple days ago about a non compete after opening up my new busi

    HI I received a letter a couple days ago about a non compete after opening up my new business and want to ask some questions...
  • i was employed for twenty one years, i am 62 years old. Last

    i was employed for twenty one years, i am 62 years old. Last year i had two primary cancers uterine and breast continue working through radiation a position came up for restorative nurse monday through friday the director of nursing waved her hand up and down in front of me and said you don't need this it will be too much (mean while i have been working double shifts every weekend ) i don't see how she decided it would be , i was told by other nurses she already promised position to another nurse she posted the job because its policy, i just let it go. about 6 months later position was posted for staffing i applied for position, she call me interview and i was given the job, i was oriented 5 1/2 days, i wasn't shown half the stuff i needed to know, she would find things just about every day to harrassed me about i found myself calling human resources at corporate, they would give me suggestions how to handle her, as the months were going by i had to check over time reports sheets she wanted me to write up cna and not nurses i said something to adon regarding it because one nurse was making twenty hours over time every two weeks; she wasn't ask to come in for extra shifts, the one day i brought the over time report to administrator he had his interm sitting in room and i place paper on his desk and i told him if he look at report he would know where all the over time is going he pick up paper and rip it in front of my face i was so humilitated i just walk out of room i call corporate i also wrote a letter in detail in how these were handling faciity and sent it to corporate and owner. They had a new nurse from corporate to come in and talk to me she said she investigated it and no merrits to my complaint , which i found amusing because the only three people she spoke to was the administrator DON and the intern. I have a lawyer who has been trying to get a modification on my house i spoke to him about sent the letter i sent to corporate and he told he would write a standard letter I was concern because I felt these people couldn't be trusted and this so call investigation took over a month The administrator said he had no recall of that happening, now all the time i have worked for this facility i never had to call corporate and the time she felt i wasn't doing things right i ask for more orientation and wasn't given it. normally i nurse is not working out in these positions they place them back on floor i wasn't given that option I was fired here i was in a whole from both cancers and trying to get my house back on track and I find myself humiliated once again by being walk out of the building this happen in October here it is December and no job yet of course it took me three weeks to get over the fact i work for them twenty one years
  • I have a telephone hearing set for tomorrow AM with a judge

    I have a telephone hearing set for tomorrow AM with a judge who will be hearing my case regarding an appeal I made after I was denied benefits for unemployment. Basically I was fired from Scottsdale Healthcare Shea hospital after being a dedicated, honest and well reputable employee for this company for 7+ years. I appealed my dismissal and after it taking a month to determine if I won my appeal I was notified my termination was withheld but they did make the decision for me to be eligible for rehire. Originally, I wasn't eligible for rehire as any terminated employee was not elig for rehire per policy. I had worked for Scottsdale Healthcare Osborn for 5 years and was never placed on any corrective action or disciplinary actions in all 5 years there but when I chose to take a promotion at our other hospital in Dec 2012, I was placed on corrective action and remained on it for almost a total of 2 years. Never receiving any of my raises I was given following 2 annual reviews either. I was on corrective action for tardies. These tardies keep in mind were 5 minutes and under. Regardless, I know 1 min is tardy and I did everything in my power to correct these. I was placed on a formal in January 2014. I was told my supervisor he would life this if I was in good standing come July. July came around and he reached out to HR letting them know he feels I am due to release from correction action as my actions had improved. They denied his request stating they would like to keep this in effect until 1 year... So 2 months from it being 1 year, I violated a company rule which led to my termination. I was let go for "misuse of company time" after I had a severely rough morning with my 4 year old child.. She attends the preschool ON CAMPUS at the hospital... This particular morning there was situation that happened at home that caused her to be extremely upset and totally bent out of shape. The entire drive to work 35 minutes, she cried hysterically, begging me to stay home from school today... I explained this was not an option and she had to calm down prior to arriving. She was unable to and the best thing that came to mind was telling her that I would let her ride with me via our campus shuttle to school today.. I had arrived to my office with her and clocked in before calling the campus shuttle to pick us up. We rode together via shuttle over to her preschool that was located at the opposite end of our campus but never left campus grounds keep in mind. I dropped her and drove immediately back with the shuttle driver. I never ate breakfast this day, not even lunch due to the 10 min I was gone before starting to begin my day..... I had prior discussions with my supervisor on the occasion I would pick up my daughter from the same preschool and bring her back to eat lunch together before bringing her back via shuttle before my lunch break would end. These past discussions with him he told me I wouldn't have to clock out because it was on campus and we weren't eating off campus. I at no point even thought I was violating any policy. I worked with this company long enough to know what violations would be grounds for termination. Oh and I would like to add that just a month prior to being terminated I was honored the highest productivity in the entire department. I was the top employee for over a year in productivity. He also made note in this review that I was receiving the highest point avg. that he'd ever given any other employee who had been on corrective action at the time of review. He noted that I had improved my tardy's and that I was an exceptional employee. Well I was let go after they were informed that I had got to work with my child on this day and left to drop her at preschool which violated the policy-"misuse of company time" They totally disregarded my personal situation and what I thought was best for my daughters emotional state. I have gone through hell and back with the hospital after my termination to find out the actual reason I was let go. I was told it was for attendance and my prior tardiness that was the final reason but my dismissal paperwork all stated "misuse of company time." My last discussion with HR director after I called to ask him if I was fired for any kind or sort of misconduct, letting him know I received a denial for unemployment benefits. He responded, "no, not at all any kind of misconduct. You were let go for violation of a company rule. And sometimes unemployment will make exceptions for attendance related issues." We hung up and I was still left confused, was it for attendance or leaving work to drop off daughter?" So, I emailed the SR HR rep and asked flat out. They responded I was let go for "misuse of company time" and that I had prior warnings of attendance. Basically, all I want to know is if I have any chance on winning this appeal and if you can provide any help with preparing for this hearing.
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