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jspechy7
Feb 26, 2009, 11:14 PM
I gave resignation at my work without giving 2 week notice. I was sick with cancer and had accrued sick time into the negative and now they are telling me that they are not giving me my last paycheck, I never signed anything stating they could take it and I am wondering how I can get it back. I also took classes that were $900 since I left before 6 months was up they are trying to get that from me too. I never signed anything and they are telling me it was in the handbook. Which I never read.

Wildsporty
Feb 27, 2009, 10:15 AM
The first thing I will say is that if it is in the handbook it is your responsibility to read the handbook and know what is in it and abide by the policies inside. The Department of Labor and any government agency or court will force the company to abide by the policies in the handbook. If you signed an acknowledgement form when you received the handbook than you have signed that you agree to abide by the policies within the handbook. If the education is in there you have agreed with the policy to pay back education if you leave work early.

Different states have different regulations on what may and may not be withheld from your final payroll check. I do not know if your state allowed vacation in arrears to be deducted, most states do not.

I would need to know which state you are in as the payment of the final paycheck and what may be deducted is governed by the state regulations.

If you were ill you should have asked for FMLA leave which would have guarateed your job for 12 weeks. Giving notice is always a good idea if you can do so because it keeps you in good terms with the company.

If you wish to let me know which state you are working in I will find the regulations on what may be legally withheld from a final payroll check.

Thanks
Shirley

jspechy7
Feb 27, 2009, 11:46 AM
Im in Washington and there was no way I could give two weeks notice, they cut my hours and expected me to work 3 days a week on a lower salary and took away my parking pass. They never had work for me so I grew to hate it very much. The turn over rate there is over 300% I don't think that anyone I started with other than 3 out of 40 people are left there that I started with. It was a miserable place to work, I have never in my working career quit a job without giving two weeks notice.
I never signed any paperwork that stated I pay back the school tuition, my boss never got around to it. So I don't see how they can stick me with the $900

Wildsporty
Feb 27, 2009, 12:54 PM
Sounds like it was not a pleasant place to work.

Here is what the Washington Department of Labor say may be deducted from a final payroll check. Now again according to what has transpired either verbally or in writing (acknowledgement of handbook, emails, ect)
You can see what they say.

What you will need to do to try and get your wages is contact the Washington Department of Labor and file a claim for unpaid wages.

The Department of labor will investigate and the company will be able to respond.

Then the Department of Labor will make a determination. If the decision is in your favor the company will have to pay your final paycheck and they will give them a time limit to do so.

The Washington Department of Labor is at this website (Wage and Hour workplace rights division)
Workplace Rights (http://www.lni.wa.gov/WorkplaceRights/default.asp)

ALLOWED from final paycheck only when there is an oral or written agreement between the employee and employer.
The following deductions are allowed only from a worker's final paycheck. These may be applied only to incidents in the final pay period and may not be saved up from previous pay periods to be deducted from final check. They may not reduce the worker's final check below the applicable minimum wage, even if the business makes such an agreement with the worker. The business has the burden of proving that workers were informed of company policies regarding these deductions. L&I recommends that the business put all such policies in writing and obtain written acknowledgement that the worker has read and understood these policies.

Cash shortage in the till…
... Only if the business has established policies regarding cash acceptance, and if the worker has counted money in the till before and after shift and has sole access to the till during his/her shift.

Breakage, loss or damage of equipment…
... if it can be shown to have been caused by the worker's dishonest or willful act.

"Bad checks" (NSF) or credit cards purchases accepted by the worker…
... if the business has established check and credit card acceptance policies before the event.

Worker theft…
... only if the business can show that the worker's act was dishonest or wilful, and if the business filed a police report.

Other agreements made orally or in writing between the worker and business at the time of termination…
... if these agreements are for the worker's personal benefit, the business may reduce the employee's final check below the applicable minimum wage. If the agreements are for the business's benefit, the final check must be paid at the applicable minimum wage for all hours worked in the final pay period.

Good luck, I hope you get your final check.

Shirley