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A friend of mine recently left her job. She was owed 2 weeks pay but the company claimed that, after she left, they scoured her emails and determined she "...wasn't doing much work". Therefore, they weren't paying her.
I have NEVER heard of such a thing and would expect this is highly illegal pretty much anywhere on earth.
Thoughts?
I left the OP a rep comment. Hopefully she'll come back to say she passed the info on and the friend filed.
I believe even if they fired her, they would still have to pay her for the past one or two weeks that she worked plus vacation pay (prorated) that they owe her. If they don't pay, they are bullying her; and that's illegal.
As many posters say, she needs to file with the DOL in her state immediately.
My company gives its employees as little time as possible when they quit.
If you're a junior employee and you don't have much affairs to get together, they will give you like 2 days. You're not gonna get 2 weeks.
They're not going to pay you to sit around. And neither would a lot of people who post here if they ran a company.
That's a courtesy when the employer and employee like each other and/or the employer is nice, which ... was not the case here.
The primary reason for the 2 weeks is to get your work affairs in order to be passed on to other people. It's supposed to favor the employer, not the employee.
I believe even if they fired her, they would still have to pay her for the past one or two weeks that she worked plus vacation pay (prorated) that they owe her. If they don't pay, they are bullying her; and that's illegal.
As many posters say, she needs to file with the DOL in her state immediately.
Only a handful of states require vacation pay to be paid out on termination as a matter of course, and federal law doesn't require it at all. Employers are expected to follow their own internal policy on the matter so, if neither the state nor the employer requires it, no vacation pay-out is due.
They are full of crap. Plus, a company pays you for your time. Not the amount of work ypu produce. If they have a problem with the amount, then they let you go, but until they do, you are on the clock. File a complaint with the labor dept of that state.
My company gives its employees as little time as possible when they quit.
If you're a junior employee and you don't have much affairs to get together, they will give you like 2 days. You're not gonna get 2 weeks.
They're not going to pay you to sit around. And neither would a lot of people who post here if they ran a company.
That's a courtesy when the employer and employee like each other and/or the employer is nice, which ... was not the case here.
The primary reason for the 2 weeks is to get your work affairs in order to be passed on to other people. It's supposed to favor the employer, not the employee.
not at all the same situation. If someone works for 2 weeks after giving notice, legally the employer has to pay them for those 2 weeks. They can't retroactively say "oh, never mind, you didn't do enough work so we aren't going to pay you after all"
I believe even if they fired her, they would still have to pay her for the past one or two weeks that she worked plus vacation pay (prorated) that they owe her. If they don't pay, they are bullying her; and that's illegal.
I have seen something along that line happen before. A lady working for a national company that had a plant in our town. She pulled some illegal stunts at the plant using their computers. She was fired and also jailed for what she had done. Company said she could forget getting any of her retirement with the company (she'd been with them almost 15 years). She had her attorney take them to court and got every penny of it.
They legally have to pay her. Have her report it to the agency in her state that handles that. In Texas, for example, it the Texas Workforce Commission.
Most agencies will have a link on their website to file a complaint, and most are pretty quick to respond.
A well-to-do friend of mine has a household-employment situation that has an interesting twist. He uses his company HR department to "manage" these personal staff (he owns the company, so it's not improper but perhaps unseemly).
Anyhow, about a year ago, he hired a woman, Suzy, to his household staff. She was not competent, so after a week or two, she was terminated. He and she met, and he stated that it wasn't working out, and they parted ways. So just a few days ago, he's talking to the HR people about some newer staff, and getting their names into the payroll, etc. The HR clerk says, so is the new girl replacing Suzy? He says, who's Suzy? HR says, you remember -- you hired Suzy a year ago...
It turns out, this terminated employee has been on the payroll for the entire year. She never made a peep, but the weekly payroll kept churning. Long story short, my buddy talked to his attorney. There's basically nothing they can do. If you pay someone as a W-2 on a salary, even if you (and they) understood that they were terminated, the money is not recoverable.
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