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My wife has given two weeks notice at work at a care home…

Customer Question
My wife has given...

My wife has given two weeks notice at work at a care home she has another job but the manager has sent her a letter saying the contract says it's 4 weeks notice and they will deduct money from there last wage we have looked at the contract and it says 2 weeks are to be given what can we do if they take money out of my wife's last wage please

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

The manager who is new has refused to budge on the matter and no we haven't seen a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Not in a union

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

What's a at will employee

Submitted: 4 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/16/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

It sounds like there is simply a misunderstanding as to what the contract says. Has your wife provided to her manager the contract language that says two weeks? It seems like that should clarify the situation, would it not? Also, in terms of options in the event that pay is deducted, can you please let me know what state you are in? I very much look forward to assisting you on this matter.

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Customer reply replied 4 months ago
She refuses to look at the contract she's new manageressas says that's what the contract says 4 weeks notice
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Thank you. I guess I just don't understand how you could show someone a contract that says one thing and they refuse to look at it and insist the contract says something completely different. The contract says what the contract says. No interpretation is required here.

Any lawsuit for failure to provide four weeks when only two weeks was clearly required would be so ridiculously frivolous as to likely warrant the imposition of sanctions by the court. In terms of the wages being deducted, that wouldn't be allowed even if four weeks notice was required. An employer cannot take the law into their own hands by stealing from an employee's earned wages to compensate themselves for damages they believe they have suffered due to a breach of contract. Most likely the best recourse would be to file a wage claim claim. If you can let me know what state you are in, I can provide you with a link to the wage claim form for your state. Just let me know...

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