quit job, eligible for unemployment

[stacynyc]

I'm a supervisor in the dental clinic. One of my employees came into the office on her scheduled day 30 min late. When asked what was the reason for her lateness she stated she was tired of taking long rides on the subway and that she needed an immediate raise. My boss was out on that date so I told her she needed to write a written request for her raise which she did. She also wrote that she wanted the raise effective immediately and that she would no longer work if the raise wasn't granted. I told her that I would present her request to the boss next week and that the raise was highly unlikely because of her repeated lateness. She just turned around and left.
Next thing we know we received a letter from unemployment dept of labor.
One more thing to add, when this employee was hired she signed the contract that if she didn't give the office two week notice if she decided to quit, the office would keep the check to cover for the temp assistants.
Is witholdong her last check legal under these circumstances?
Is she eligible for unemployment if she quit and wrote a letter discussed above?
Is she eligible for unemployment if she was only part time and made less than $600 during the first quater and $1100 during the second one?
Thanks

 

[cbg]

There are NO circumstances in which an employer can legally hold an employees' wages for work already performed. You only have to pay her for the time actually worked but she MUST be paid no matter what she signed. You have until the next regular payday after her last day of work to release her final pay (which in NY must include any earned but unused vacation time unless a written company policy specifies that it will not be paid); if you go beyond that she can submit a claim against you with the state DOL, or file against you in small claims court.

I would think it very unlikely that she will qualify for unemployment given that she walked of the job, regardless of how much she made or her full/part time status.

 

[Duranie]

The contract you made her sign was probably illegal. I bet you did not have an attorney review it before she signed it.

You cannot withhold her paycheck otherwise she can file a dispute with the labor board and potentially collect triple damages.

Since she quit then she probably is not eligible for unemployment.

 

[stacynyc]

She also had dental work done in the office. She had medicaid which didn't cover most of the expenses. She signed a form saying that she would be financially responsible for whatever portion of the bill insurance wouldn't pay. Should we bill her for the dental charges and send her last paycheck home or subtract the amount owed for the services from the paycheck? (the dental expense was more than her last paycheck due to the fact that she worked only one day during that pay period)

 

[cbg]

Most states do not permit you to take a deduction from a paycheck without the express written permission of the employee.

I don't think you are understanding me. YOU MUST SEND HER, HER PAYCHECK. You are legally liable if you do not.

You can bill her if she owes you money; you can sue her if she doesn't pay. YOU CANNOT WITHHOLD HER PAYCHECK.

 

[Duranie]

No. Send her her paycheck then bill her for the services. Unless she signed an agreement auth. that you deduct it out of her paycheck, you owe her a check.

I understand you are angy at this person. Just pay her and get on with your job. She can settle the dental bill seperately. She did not handle the situation the best way, and neither are you. You have employment law you must follow.

 

[stacynyc]

Thank you. I appreciate your help.