How long can they hold your paycheck when your suspended

[JMorone]

Jurisdiction

Pennsylvania

My wife's was suspended without pay 2/19/2016 and her last day of work was on the 18th of February.
She still to this date has not been paid for timed worked.
I don't know if vacation,sick or personal days have to be paid to her, but added up they equal about 30 days.
When we called about this we were told it would be discussed at the school board meeting.
It is over 2 months that they have held it.
When asked why there doing this they replied because they can.
Is this legal for them to do this,they appealed and had her unemployment rescinded.
They know I, her husband, is disabled and have only disability checks.
I think they are trying to make her life as miserable as possible.

 

[adjusterjack]

She can file a wage claim with the state.

Labor Law Compliance

Did she file for unemployment?

Suspended without pay means "You're fired."

 

[JMorone]

Do they get fined or any discipline.

 

[d1amund]

Did you read the information in the link provided by adjusterjack? It spells it all out for you.

 

[Betty3]

Did she file for unemployment?

Apparently she did since OP mentions they (employer) appealed & had her UI rescinded.

 

[adjusterjack]

Apparently she did since OP mentions they (employer) appealed & had her UI rescinded.

Oops, missed that.

 

[Betty3]

No problem.

 

[cbg]

While I often take issue with Jack's determination that "suspended without pay" always translates to "fired", it sounds as if in this case it does. She can file a wage claim with the state for any pay that is still outstanding, but I hope she's looking for a new job because it doesn't sound as if she's going to be going back to this one any time soon. Note that she is only owed pay for time she actually worked; unless a legally binding and enforceable contract or CBA expressly and in so many words says otherwise, she is not due any pay for the time she's been suspended until or unless the DOL (or a court) says she is. Also note that even if she files a wage claim today, it could be several months before she sees any money, even if we assume that the DOL accepts her claim. So if she has not already done so, she should not waste any time.