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Old 05-06-2021, 11:17 AM
 
25 posts, read 19,616 times
Reputation: 25

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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?
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Old 05-06-2021, 11:35 AM
 
Location: Portland, Oregon
10,988 posts, read 20,556,080 times
Reputation: 8261
In some states, she remains on the payroll until completely paid. She should file a claim with her state labor agency.
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Old 05-06-2021, 11:47 AM
 
12,104 posts, read 23,262,756 times
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Yep, tell her to file a complaint with her state labor board.
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Old 05-06-2021, 11:59 AM
 
Location: Seattle
3,573 posts, read 2,878,006 times
Reputation: 7265
Reinforcing the previous advice. File a complaint with State Labor.

If by "highly" illegal you mean "clearly" then yes.

Historically, there has been no life prison sentences or death penalties invoked. The worst if they don't correct in a timely manner is the employer is required to pay owed wages plus double damages.
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Old 05-07-2021, 06:20 PM
 
34,002 posts, read 17,035,093 times
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File with the DOL immediately.
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Old 05-07-2021, 06:37 PM
 
12,101 posts, read 17,083,796 times
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Yea, pretty wacky.

I believe she did nothing, but they could have just fired her and not paid her.

That would have worked out better for them.
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Old 05-07-2021, 07:45 PM
 
Location: Honolulu/DMV Area/NYC
30,612 posts, read 18,192,641 times
Reputation: 34463
Hopefully she can sue for damages, too. Not doing work would have been a reason to fire her, but to withhold pay for hours that she spent in the office? It's not like she was an independent contractor. She was an employee of a company and wasn't volunteering her time.
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Old 05-07-2021, 08:18 PM
 
Location: Denver CO
24,204 posts, read 19,191,156 times
Reputation: 38266
If she worked the hours, she is legally entitled to get paid. If they had a problem with her work product, they needed to let her know at the time. Time to contact the local Department of Labor and say she has a wage and hour claim.
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Old 05-07-2021, 08:24 PM
 
Location: Portland, Oregon
10,988 posts, read 20,556,080 times
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The Feds may have a problem enforcing the agreed rate of pay. File with your state agency.
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Old 05-07-2021, 11:36 PM
 
2,114 posts, read 1,320,177 times
Reputation: 6030
Quote:
Originally Posted by jobaba View Post
Yea, pretty wacky.

I believe she did nothing, but they could have just fired her and not paid her.

That would have worked out better for them.
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.
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