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Can a DOT regulated motor carrier hold the paycheck of a…

Customer Question
Can a DOT regulated...

Can a DOT regulated motor carrier hold the paycheck of a driver who quits without turning in all of the DOT required paperwork. (Log Sheets)

Lawyer's Assistant: Have you documented this or discussed it with HR?

I am the Safety Director of the company. We have no HR department. Everything is given to me. Yes, I have it documented that I spoke with the driver and advised that we will hold his check until he turns in the required paperwork. He has never turned in his paperwork on time.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We have no union, he was a full time employee. I don't understand "at will."

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was told by our previous accountant, that this type case has been gone to court and the decision was that the carrier could hold the check as the employee did not complete his assigned work.

Submitted: 1 month ago.Category: Employment Law
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Answered in 5 minutes by:
12/26/2017
Employment Lawyer: Infolawyer, Lawyer replied 1 month ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,598
Experience: Licensed attorney helping employers and employees.
Verified

Hello and welcome. I am working on your answer and will be right back!

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Employment Lawyer: Infolawyer, Lawyer replied 1 month ago

The paycheck cannot be held back. No matter what the reason, payroll has to be processed. The only reason to hold it up is awaiting records to be able to calculate hours/pay and employee on notice of the missing information and refuses to comply.

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