withholding final paycheck

[jazziPA]

My employer, for whom I have worked for almost 2 years, wants all employees to sign a copy of the office policy manual. When I was hired I was not shown this manual as they were in the process of re-writing it due to a change of ownership of the company. In reviewing the document I came across a section that I am not comfortable with...& I am wondering if it is even legal. It states that employees are required to give 4 weeks notice and if we don't, we will not receive our final paycheck! How can they withhold pay for time that I have already worked? If this is not legal, can someone tell me where to find the documentation to present to my employer showing that this is not legal?

Also, does anyone have any advice on how to handle the 4 weeks notice part? I'm a receptionist at a medical office, it's not like I'm a doctor & it will take them that long to find a replacement! Any position I have EVER interviewed for, including this one, wanted the person they hired to be able to start within 2 weeks. When I decide to move on, which could be soon, I have no intention of telling my prospective employer that I can't start for 4 weeks! In this job market, I can't afford to risk them choosing someone else simply because they could start sooner than I could! 2 weeks is pretty standard notice in my field.

I'm not sure how to handle this! I don't want to burn bridges when I leave because I will need them for a reference! I also can't afford to lose a paycheck...if that's even legal for them to do!

 

[army judge]

It isn't legal, and your signature on such a document is meaningless.

This website explains final paycheck payment laws for all states.

http://www.nolo.com/legal-encyclopedia/final-paycheck-employee-rights-chart-29882.html

Check it for your state, and if the employer violates your state's law, report the incident to the state agency that enforces the law for your state.

Don't cause a scene in advance.

You could copy the manual then send or deliver it to your state's wage and hour agency.

Then sit back silently and watch the fireworks.


Sent from my iPad3 using Tapatalk HD

 

[Betty3]

Here is the complete/total law on payment upon separation from employment Pa.

An employer must pay an employee who has been discharged or terminated, who has quit or resigned, or who has been laid off, all wages due no later than the next regular payday on which the wages would have been paid if employment had continued. An employer must send the wages to the employee by mail if the employee requests it. Pennsylvania Stat. 43:260.5

Employees who are suspended or resigns due to a labor dispute (strike)
In the event of the suspension of work as the result of an industrial dispute, an employer must pay all wages due at the time of the suspension no later than the next regular payday on which the wages would have been paid if the suspension of work had not occurred. An employer is not required to comply with this time restriction if it is unable to prepare the payroll due to industrial disputes or for other reasons beyond its control. Pennsylvania Stat. 43:260.5

Your employer can't withhold your paycheck for not giving 4 weeks notice. The only thing they might/can do is tell a prospective employer that you did not give the proper notice they require before resigning. However, I believe a prospective employer would want you to start before 4 weeks is up & would understand you not giving the 4 week notice.

 

[jazziPA]

Is my signature on this document really meaningless? I'm concerned because I've read conflicting information. One site said that a signed policy manual is an implied contract. They were referring to whether or not the company had to pay out for unused sick time/vacation time/PTO. They said that if you have a signed contract or signed policy manual that states a company policy about NOT paying out for this time, then that stands. I just want to make sure that the same doesn't apply to my earned wages! Thanks!

 

[cbg]

Any time you want to know if a document is binding, you need to show that document to an attorney. It's not as simple as yes, a signed policy manual is an implied contract or no, an signed policy manual is not an implied contract. It's how THIS PARTICULAR signed policy manual is worded. There are elements of a contract that must be met for it to be binding and a signature is only a very small part of that.

Legally, they cannot not pay you. There is no question of that. No contract can make that legal. But that does not mean that your signature is totally meaningless. It only means that this particular portion of the agreement is unenforceable. It does not mean that you could not be held to other parts.

 

[Betty3]

Agree with cbg but, as noted, the LAW indicates they cannot hold your pay check. That seemed to be your main concern.

 

[army judge]

Is my signature on this document really meaningless? I'm concerned because I've read conflicting information. One site said that a signed policy manual is an implied contract. They were referring to whether or not the company had to pay out for unused sick time/vacation time/PTO. They said that if you have a signed contract or signed policy manual that states a company policy about NOT paying out for this time, then that stands. I just want to make sure that the same doesn't apply to my earned wages! Thanks!

The time to consider the import and magnitude of signing any document is before you sign it, not after.

In the future, should you not understand what you're signing, ask to consult with your attorney before signing the document.

If you are not allowed the time to consult with counsel, then that tells you more than an attorney could.

Danger Jill Robinson, danger!!!!

 

[jazziPA]

I haven't signed the document yet, which is why I am asking...I want to make sure I'm not signing away my rights to that final paycheck. I have my answer...no contract or policy manual can supersede the law & the law says they MUST pay me for time worked. The rest of the document is perfectly fine. As long as I know I can take action if they refuse to give me my last paycheck, I'm OK with that.

I'm still debating whether or not I should bring it to their attention though. It's a small practice & they asked each of us to review it & bring things to their attention if we caught any mistakes...although I'm sure they meant grammar and spelling mistakes...not illegal policies. =)