My friend quit his job and gave good notice. Now the company is yanking him around about getting his last paycheck. I want to know where I can find a law saying that he's entitled to it so I can go with him and say some really fancy legal stuff to show them that we mean business and if he doesn't get it, legal action will be taken.
215980
IM NOT ABSOLUTELY SURE WHAT THE EXACT ANSWER IS BUT IF YOU HAVE A LAW LIBRARY IN YOUR LOCAL LIBRARY THEN I WOULD START THERE. BUT IN MY STATE THEY EITHER MAIL YOUR LAST CHECK OR YOU SHOW UP TO PICK IT UP ON TEH DAY IT IS ISSUED. HAVE YOUR FRIEND CALL THE CORPORATE OFFICE AND COMPLAIN TO THE HEAD HONCHO AND THAT WILL GET THE CHAINS MOVING QUICKLY,THE ONLY WAY TO PROVE LEGALITY TWORDS AN EMPLOYER,IS TO HAVE PROOF OF YOUR WORK HRS AND DAYS,THEN IF IN YOUR STATE IS A LEGAL AID,START THERE AND ASK FOR HELP,MOST PLACES DONT WANT TO GET INVOLVED,BUT BY LAW THE EMPLOYER HAS TO GIVE THE CHECK,ITS BREAKING THE LAW IF THEY DONT. YOUR FRIEND MIGHT EVEN CONSIDER CALLING FOR POLICE SUPPORT TO RETAIN THE CHECK..
259200
No. It is not right. It has been a long time since I have looked at the laws and they might have varied a little in that time. But I do know it used to be anything over five hours you had to have a half hour. Anything over seven hours you are entitled to another half hour.\n\nI will look up and see if I can find recent laws. \nFight your boss and if they will not change then take it to the BBB or the county.
542964
It's a more complex scenario than that. My friend started some years ago, shortly thereafter, I joined. Well he continued and I just let it go, due to family issues, distractions. He's making big bucks now and I'm happy for him. My fault that I quit, nobody elses. I'm re-joining next week. BTW. This friend is now my boss. Yep, he bought the company that I work for, from home. Feel free to email me for details and any other questions. Make sure you leave the name of your state and he will be happy to give you a good referral to the better leadership in your area.
140844
It depends on how much hassle you want to go through. If you are worried about future job references,legally all an employer can say is when you worked and what your wage was. It doesn't matter what is written down. I'm not sure if you can file a grievance as an ex-employee but your work should have some system to deal with termination disputes. You have to decide what you hope to get out of your grievance and whether it would be worth your time.
305552
If you reeeally need this job, I'd go to the Labor Board. It sounds like A$Shole wanted to find a reason to get rid of you.  You might come out on top in this one, but even so, will your employers make your job a living hell by always looking for legal ways to fire you again and again? Just think it over.  "Choose your battles" was some of the best advice I ever got.
447618
I believe you are talking about Notice Of Termination.\n\nExample "My employer gave me prior notice of my termination, as the company was in financial trouble."\n\nIt is often not required if a company is truly "Firing" someone for misconduct, but is often offered if it due to company circumstances.\n\nWhen the employee has left, but still gets paid, then the pay is called "severance pay".\n\nHope I helped.
347460
They wouldn't take you serious if you left, and told them,  they would think you were just mad ex-employee. go to the Boss, in strictest of sincerety and confidence and state your observations, let him decide. Then, if you don't like the way they handle it, then leave and report it to higher authority until it is resolved. Never watch an injustice, at least try to make it better.
54945
Every state's laws are different; and, every company's policies are different. In most cases if you are terminated you are entitled to receive the number of hours of accrued vacation. This must be paid with your final paycheck.
288552
Yes it is. Your friend also has the right to quit his job if he doesn't like it. Although it was rude and inconsiderate of them to move him without notice, it is not illegal.
127588
Very nearly every company now follows one simple rule: "We will only confirm dates of employment." They dont' have to give any info about what you did or why you left or how much you made or anything.\n\n Why ? They have been told that saying more than that - positive or negative - could get them sued. (If they give someone an awesome recommendation, and that person ends up stealing or something from a future employer - that future employer will say that they based their decision in part on the recommendation). \n\nAnd, if you do get a bad recommendation, nobody is going to tell you - if you decide to sue your old boss, they will get sucked into the lawsuit - and they do not want that to happen. \n\nA boss is not at all prohibited from giving you a 'bad' recommendation. Their larger obligation is to give an honest recommendation. If somebody sucks - well, sorry, they suck. The boss might choose different words. \n\nIf you (or anybody) thinks that a lawsuit is the answer to anything and everything - it's not. You are looking at $ 5000 + to pay for a lawyer, and unless you have some amazing evidence, it will go nowhere. Even getting a chance at getting 'justice' will cost you an amazing amount of money. Bosses also collect little bits and pieces of bad stuff on you, in case they ever have to use it. Even if the boss lies and says you were awful (assuming that you were not awful), are any co-workers going to stand up for you and risk losing their jobs or getting pulled into the lawsuit themselves ? Nope. And, if they give you a bad recommendation, they may have stuff to back it up - you may not agree w it - but to someone who does not know either of you, it might be convincing. And, down the road, if someone does a little research on you while you are applying for a job w them, it's not too difficult to find out if you have sued someone or have been sued in the past. If it shows that you sued a previous employer - into the shredder goes your resume. Are you ever going to know that happened ? Nope.\n\nWhat happens if you call the local Dept of Labor in your city or state or any other of several advocacy groups ? Well, they only have so many people working there, and they are absolutely buried by complaints from people who feel that they have been treated unfairly. How many people who have lost a job have ever thought that they deserved to lose their job ? Then everybody starts giving them advice on how you 'can't let them get away w that.' Baloney.\n\nYour old boss also has a lot more experience in dealing w this kind of thing. You are looking at it for the first time - that is another big disadvantage you have.\n\nThat's the real world. It's not about what is fair. It's about knowing the rules of different games so that you can play them to your best advantage. \n\nTalking about the perfect world and your rights and all is just air - it's good for nothing. \n\nHow to overcome it - don't give up - "never never never give up" - Winston Churchill. \n\nIt's never about whether you get knocked down - you will - all that matters is whether or not you get back up. If you don't give up, you cannot fail.\n\nSorry that I don't have a nice tidy "the world is fair" answer for you - but this is the truth that comes from a lot of experience. The 'real world' and the 'perfect world' do not even know that the other one exists - they are that far apart.
657171
It really depends on your company's policy.  I asked a similar question to HR after my company was taken over.  She said the old company wouldn't do anything, but the new one might pursue.  The company might take your last paycheck to offset the dollar amount they have "lost."
521
The question still isn't easy to answer. Your best bet would be to contact a local attorney, or take the advise of the previous responder.\n\nBut the truth is, this is a free country and they can't make you do anything. The answer might be, however, do you want to continue to work for them and receive a paycheck?
291137
AZ is a "right to work for less" state.  They don't have any set laws.  It's purely by company policy on how it's paid.  Usually it's contained in exactly what it's called (vacation, PTO, etc).  She needs to consult their employee handbook.
149814
They are obviously having financial troubles. You can talk to a lawyer to find out what can be done. They owe that last paycheck to you.
545294
Ok, this is complicated.  IF you have a policy that outlines what the petty cash CAN be used for and she used the cash for expenses OTHER than those things, then this is technically theft of company funds and, yes, you can terminate her.  The way it works is you place her on suspension first (do NOT "fire" her).  Then, get her final check cut and write a letter for her file that indicates why she is being terminated, on what date and time, and any other information you want to put in there.  On the letter/form, there should be a place for the employee to make somments and sign.  This is important.  Then, call her into the office (she is still on suspension, remember) and, after handing her the Final Paycheck, let her go.  You HAVE to pay her the full amount owed to her at the time of termination in California.\n\nNow, if there is NO policy in place for the use of Petty Cash, then you are out of luck.  Your best recorse is to create a new policy for petty cash, print it out and have ALL EMPLOYEES sign it.  Give a copy to all the employees and put one in each employee's file.  Then, talk to her and let her know that you expect these policies to be followed to the letter.  If she does it again, it is theft (see the above paragraph).  If she pulls herself together, then you have gained a good employee.  Either way, you are free of the problem and you win.\n\nI hope this helps.
380478
If an employer fires you,they have to pay any wages owed to you plus any other compensation (vacation pay,etc.) on the spot.\n AS a manager,you are responsible for those under you and the money.\n Your boss has to prove you took the money,but you might be able to get your job back-talk to the state or Federal Dept. of Labor.\n You could possibly sue for Wrongfull Termination if your boss can't prove you took the money.
538200
Give them a three week notice for now, and if you find out you will have to leave a little sooner than that, let them know right away! Thats about as fair as it can get without losing a paycheck!