Manager holding my check because she wants to talk with me.

[amburgermullen]

Jurisdiction

Tennessee

My boss is holding my check because she "desperately" needs to talk to me.
A little bit of background story is that I work 3rd shift, I told her I was offered another job working 2nd shift and that I turned it down and decided to stay with my current job. However she is not convinced and does not believe I won't quit in a few months. I rely on my check to be given to me on the same day at the same time every two weeks. I came in for my shift and was told not to contact her, but to stay and wait at work until she gets here. I have other responsibilities that keep me from doing this. Luckily this week I saved some extra money and still have enough gas to get home from work. But most times, I do not. I live about 45 minutes away from work and she always asks me to come in just to talk. I can't afford to do this with my sleep schedule and commute situation. I also don't get paid for these talks.
Are there any laws being broken by any of this information provided?
Please help.

 

[army judge]

Does your employer offer direct deposit?
That could possibly eliminate her "chats", or at least cut them down.

I suppose one could argue that you might be owed overtime.
However, if you go down that road, your services might no longer be required.

I'm slow to suggest legal remedies, because those remedies aren't quickly forthcoming, and often lead to hard feelings.

In the end, you might be happier working where you and your talents are better appreciated.

 

[cbg]

While many states have laws regarding the frequency of pay, I can't find one for Tennessee outside of one for final pay. Maybe Betty will have better luck since I didn't have a whole lot of time to look.

She CAN require that you come in and talk to her, sleep schedule and commute not withstanding. And yes, I worked 3rd shift for 8 years - I know what it's like. Would it be possible for you to have that conversation with her at the change of shift?

Whether you need to be paid for that time depends on a lot of factors.

 

[adjusterjack]

I told her I was offered another job working 2nd shift and that I turned it down and decided to stay with my current job.

Why on earth would you be foolish enough to reveal something like that to your current boss when you didn't take the other job. Yikes.

Are there any laws being broken by any of this information provided?

Depends on when the end of your pay period was:

50-2-103 - Payment of employees in private employments.
(a) All wages or compensation of employees in private employments shall be due and payable as follows:
(1) All wages or compensation earned and unpaid prior to the first day of any month shall be due and payable not later than the twentieth day of the month following the one in which the wages were earned;
(2) All wages or compensation earned and unpaid prior to the sixteenth day of any month shall be due and payable not later than the fifth day of the succeeding month

2015 Tennessee Code :: Title 50 - Employer And Employee :: Chapter 2 - Wage Regulations :: Part 1 - General Provisions :: § 50-2-103 - Payment of employees in private employments.

Looks like she has about two and a half weeks from the end of your pay period before she's required by law to hand you your check.

 

[cbg]

Thanks, Jack. I didn't have much time to look.

 

[adjusterjack]

Thanks, Jack. I didn't have much time to look.

You're welcome. Happy to help.

 

[Betty3]

Yep - thanks adjusterjack. I was a little late getting back on the forum & just saw this thread.