Hello I've been laid off with my last day being tomorrow. I have taken all of my vacation/personal time that I had in the bank. While on vacation my manager called me and said that my files were audited and there were 5 folders missing and if I don't produce those folders management will not sign my final release form and pay me. Is that legal I check in the dol website for ny but could not find anything.

Your employer does not have the right to withhold your final pay beyond the limitations set by Labor Relations. I believe your employer must pay you within 10 days of your layoff. They cannot hold your final pay as some kind of punishment for losing some files. Cheers!

I agree with the above poster. They have to pay you for time worked, end of story.

I agree and if you are not paid file a claim for unpaid wages with NY department of labor.

New York State Department of Labor - Wages and Hours (http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#16)

Shirley

While I don't disagree with the previous responses, there could be an issue if they believe you have valuable property of their's.

Does not matter if they believe you have valuable property you still must be paid your wages and they cannot withhold them from you. You can be asked to return the property by the DOL if you do have it. If you do not have it than you cannot return what you do not have.

Shirley

Sorry, Shirley... I have to disagree with you and agree with Scott. The employer has the ability to DEDUCT from (but not hold) the final paycheck.

For example, my employer provides me with a laptop and a cell phone as part of my job. If I were to quit and not turn these items in, my employer could deduct the value of the items from my final paycheck.

The bottom line is that it all depends on what was contained in those files. Was it intellectual property? Or was it the minutes of the company book club?

If it's the former, then the company does have the right to deduct (even down to $0.00) the value from the check... and even pursue further damages in court.

Contact your state's Attorney General's Office. They will help you get your pay.

STG and Scott

No the company cannot deduct for these items from the final check. The company will have to take you to court to get the money for them.

Here is the answer from the New York Department of Labor website:

Q: What deductions can be made from an employee's wages?

A: Section 193 of the Labor Law states:


1. No employer shall make any deduction from the wages of an employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or b. are expressly authorized in writing by the employee and are for the benefit of the employee (such as payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization).

Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction.

Here is the website from which I took the Q/A

New York State Department of Labor - Wages and Hours (http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#17)

You must be paid your final check.

Shirley

Here is the statute from the laws of New York

§ 193. Deductions from wages. 1. No employer shall make any deduction
From the wages of an employee, except deductions which:
a. are made in accordance with the provisions of any law or any rule
Or regulation issued by any governmental agency; or
b. are expressly authorized in writing by the employee and are for the
Benefit of the employee; provided that such authorization is kept on
File on the employer's premises. Such authorized deductions shall be
Limited to payments for insurance premiums, pension or health and
Welfare benefits, contributions to charitable organizations, payments
For United States bonds, payments for dues or assessments to a labor
Organization, and similar payments for the benefit of the employee.
2. No employer shall make any charge against wages, or require an
Employee to make any payment by separate transaction unless such charge
Or payment is permitted as a deduction from wages under the provisions
Of subdivision one of this section.
3. Nothing in this section shall justify noncompliance with article
Three-A of the personal property law relating to assignment of earnings,
Nor with any other law applicable to deductions from wages.


Here is the website:

Laws of New York (http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS)

It is on this main website with a search for Labor laws:
Laws of New York (http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS)

All the New York laws are here and you need to scroll down to labor and then find payment of wages under the labor category.

Shirley