Employer withholding paycheck/compensation

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lecouch

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I am writing this on behalf of my father. He is a project manager for a construction company in Texas. He has recently been told by his boss that he will not be getting his paycheck until a problem is fixed. Here is the problem.

My father is currently working on a four story apartment building project, that involves replacing leaky windows and re-painting the affected surfaces. His boss asked him to repaint a very specific area of the exterior wall with the exact same paint color that was previously used. The same paint company was used down to the numerical value of the paint, as assigned by the paint company. This paint was then used on a stucco surface. After the area of the wall was painted and dried and the scaffolding was removed it was apparent that the new area dried to a slightly darker color than the rest of the wall. My father was responsible for overseeing the project but also helped his labor workers during the process of painting.

The result of the wall being darker was not well received by the "big boss." My father's boss then told him, "well why didn't you just paint the whole wall?" My father replied with, "you specifically told me to only paint the designated area."

This altercation resulted with my father's boss telling him, "well this is your problem and you better fix it and you can't pick up your paycheck until the wall is fixed."

My question is since my father followed the direction of the boss, although the result was not the desired result, does my father have any rights in this situation? Does his employer have the right to withhold is paycheck due to an undesirable outcome, although he followed the directions given to him exactly.
 
I am writing this on behalf of my father. He is a project manager for a construction company in Texas. He has recently been told by his boss that he will not be getting his paycheck until a problem is fixed. Here is the problem.

My father is currently working on a four story apartment building project, that involves replacing leaky windows and re-painting the affected surfaces. His boss asked him to repaint a very specific area of the exterior wall with the exact same paint color that was previously used. The same paint company was used down to the numerical value of the paint, as assigned by the paint company. This paint was then used on a stucco surface. After the area of the wall was painted and dried and the scaffolding was removed it was apparent that the new area dried to a slightly darker color than the rest of the wall. My father was responsible for overseeing the project but also helped his labor workers during the process of painting.

The result of the wall being darker was not well received by the "big boss." My father's boss then told him, "well why didn't you just paint the whole wall?" My father replied with, "you specifically told me to only paint the designated area."

This altercation resulted with my father's boss telling him, "well this is your problem and you better fix it and you can't pick up your paycheck until the wall is fixed."

My question is since my father followed the direction of the boss, although the result was not the desired result, does my father have any rights in this situation? Does his employer have the right to withhold is paycheck due to an undesirable outcome, although he followed the directions given to him exactly.


http://www.dol.gov/whd/regs/compliance/fairpay/modelPolicy_PF.htm

is he on salery? He was not terminated over this was he?
 
Waiting for OP's reply. Being "on salary" is not enough to indicate exempt/nonexempt status.

Patricia, If he was not terminated is there still a legal way to hold his pay? I know a company can if terminated but did'nt know they could without being terminated. Goes to show how naive I am:blush
 
OP, if you decide to file a claim for your paycheck, here is the website.
The form can be completed on line, and mailed or faxed.
Be advised, it must be completed properly and notarized; before TWC will accept it.
If it isn't notarized and/or completed properly, TWC will reject your claim.

http://www.twc.state.tx.us/ui/lablaw/ll1.pdf

If you have been discharged (fired), you must be paid in full not later than the sixth day after termination.


IF YOU FEEL YOUR RIGHTS UNDER THE PAYDAY LAW HAVE BEEN VIOLATED, YOU MAY FILE A WRITTEN WAGE CLAIM. YOU SHOULD KNOW THAT A WAGE CLAIM CANNOT BE ACCEPTED IF:
• Your wage claim is not filled out completely, legibly and accurately, and signed and sworn to. The claim should identify each type of unpaid wage claimed, and how you determined the amount due to you. If there is insufficient information on the wage claim to contact the employer, your claim will be dismissed.
• Your wage claim is without the signatures of both you and the witness.
• You acted as an "independent contractor" and not as an "employee" of the business.
• You were employed by a close relative (such as: mother, grandfather, or father-in-law).
• Your employer filed for bankruptcy (if so, you may need to file proof of claim directly with the Bankruptcy Court).
• You were employed by the federal government, the state, or a political subdivision of the state.
• Your wage claim is filed later than the 180th day after the date the unpaid wages were due to be paid. If part of your claim is within 180 days, file only for that part.
• You file against more than one employer on one claim form. Use separate wage claim forms for filing against each employer.

MAIL YOUR COMPLETED WAGE CLAIM TO:
Texas Workforce Commission, Labor Law Section
101 East 15th Street, Room 124T
Austin, TX 78778-0001

FAX YOUR COMPLETED WAGE CLAIM TO: 1-512-475-3025
 
Guess I'm not going to get a response from OP, so, IF dad is exempt, here is the applicable FLSA regulation.

(a) General rule. An employee will be considered to be paid on a
``salary basis'' within the meaning of these regulations if the
employee regularly receives each pay period on a weekly, or less
frequent basis, a predetermined amount constituting all or part of the
employee's compensation, which amount is not subject to reduction
because of variations in the quality or quantity of the work performed
.
emphasis mine
https://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

The employee's argument would be that his salary is being docked (in total, but docked nevertheless) in violation of this regulation.
 
Forgive me for my lack of knowledge on this subject but I'm not 100% sure what "an exempt employee" means? Although he is a salary employee.
 
Based on the second link, I would definitely say that he would be exempt. He is a salary employee paid bimonthly, he consistently works over 40 hours a week. He makes well over the $455 benchmark, manages a team of people over 3. He in fact practices all 4 of the posted criteria.
 
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