Ask Me Help Desk - Labor law

labor law

Hi, Iwas worked in the company for 5 years as A/P, the previous 4 years I was working fulltime then last year I asked for just work parttime 1/2 a day only for 5 days. The company was in financial trouble for the past couple years, the owner (A) had been paying late on the paychecks for my pay checks it didn't pay me por around 4 - 6 months average. So I tried to ask for my pay checks all the time but A only gave 1/2 - 1 month pay check each time I asked. And 2 months ago a vendor (B) filed a law suit to A because A didn't pay B money. About last month when I saw it wasn't in a good shape so I asked A for my pay check again I I told A that I need at least 3 x payment (1 1/2 months payroll check from 6 months payroll) she did gave it to me and I knew A wasn't very happy about it. Then coupe days later A was trying to tell me that if I want to try to find another job ( I knew this happen because I tried to aske for my paycheck) . Then I asked A are you trying to lay me off and she said no. She told me that she is just concern about me. And she said she doesn't want me to be hurt by the law suit from B. the next day A told me to cut out another day, but then after 3 weeks later I asked her for my payroll again which I told her I need a payments (2 Months) in a writing up and I gave her a list of which months she hadn't gave to me yet up to the 4/15/09. The next day she told me she wanted me to go for the reason because she is in the law suit eventually I was in A/P. and she doesn't want me to involved in it. And she doesn't want to hurts me. And she did gave me my payroll which she owe me (5 months) but not the current Month (april) which she told me that she gave me all on my list. I didn't check on the checks. So she said she will contact me once the lawsuit is over and I don't think that is going to happen. She just afraid I will go for labor dept or EDD for unemplyment. So she told me that She will give my my current paycheck next week. And she asked me to teach her brother how to do the Quickbook for the A/P and give him the password for the computer. Which I told him there is no password. After I came home I called her a left a message on her cellphone and one office girl whose is like her messenger (C) that I need to pick up my check the next day instead waiting until next week. And I said that since she can asked me to leave right away then I have to right to get my paycheck too. But until 3 days later I still have not get my April paycheck yet I had been leaving message so many time to the cellphone and C. and I am gettting so upset and the last things I heard is my paycheck is with her brother. She doesn't give to the other office girl (D) which I told them to give it to her. So I call C and asked why A did not do so? And C said that because her brother need to ask me something about the computer. And I told her I have no obligation to teach (tell) him since she is the one that who asked me to leave. And now he is holding my payroll and he won't give it to anybody before I call him ( before my payroll never go to his hand) and I left her a message that she was wrong by doing that and I could go to labor dept. so my question is:
1. do I have the right to report to Labor department?
2. I am obligate to tell him how to print out check? They were asking another password from me. Which I told them I don't know. Even if I know should I tell them?
3. B is asking me if I want his lawyer to represent me to file a lawsuit againts A because she had been paying me late. Is it a good change to do it?

Thank you

Hello too:

I agree, it's too confusing for me figure out. Please try to reduce it down with the facts. Does your boss owe you money?? If so, sue them.

excon

Yes , She did. But her brother hold my check for April paycheck now until I give him a call since he want me to tell him how to print check on payable and password. Is he allow to hold the check?

Yes , She is. But her brother hold my check for April paycheck now until I give him a call since he want me to tell him how to print check on payable and password. Is he allow to hold the check?

Quote:

Originally Posted by Too Confuse

Is he allow to hold the check?

Hello again, T:

No, Sue them.

excon

So I have the right not to tell them the password or teach them how to do anything on the payable stuff, right?

They do not have the right to "hold" your check.
And if they need assistance on Quickbooks, then they can call the software people and get help. Better yet, read the manual.
You no longer work for them so you are not obligated to teach them.
It is against the Labor and Wage laws to hold your check past normal payroll time or for more than 21 days after termination. Report them and sue them.

Quote:

Originally Posted by Too Confuse

So I have the right not to tell them the password or teach them how to do anything on the payable stuff, right?

So they are locked out of their own computer because you refuse to give them the password?

I'd say they have every right to pay someone to get into their computer, change the password to something new and charge you for the entire cost.

Are they withholding your check or have they taken it for this reason?

But I agree with excon - sue them in Small Claims Court. Expect them to countersue and very possibly win, not on teaching them anything but on locking them out of their own computer and refusing to cooperate.

Also - what does your employment contract say?

Quote:

Originally Posted by Too Confuse

So I have the right not to tell them the password or teach them how to do anything on the payable stuff, right?

You do not have any right to withhold passwords or interfere with their access to their data. They can sue you over it.

You are under no obligation, however, to help them learn how to use the software, unless you agree to a payment for that help.

You have to give them passwords to their computer or you can be held liable for the costs of breaking the codes.

After that you do not have to show them anything but have to give them passwords.

Sice the cost to get into the computer can be 100's and 100's of dollars you could end up owing them when they counter sue you, if you sue them.

Give them the password, then if they don't give you your check sue them

Quote:

Originally Posted by PractAdmin

They do not have the right to "hold" your check.
And if they need assistance on Quickbooks, then they can call the software people and get help. Better yet, read the manual.
You no longer work for them so you are not obligated to teach them.
It is against the Labor and Wage laws to hold your check past normal payroll time or for more than 21 days after termination. Report them and sue them.

I do not believe this is true under the circumstances - the OP has locked his former employer out of the employer's own computer system.

Do you have a website that covers this?

Quote:

Originally Posted by JudyKayTee

So they are locked out of their own computer because you refuse to give them the password?

I'd say they have every right to pay someone to get into their computer, change the password to something new and charge you for the entire cost.

Are they withholding your check or have they taken it for this reason?

But I agree with Excon - sue them in Small Claims Court. Expect them to countersue and very possibly win, not on teaching them anything but on locking them out of their own computer and refusing to cooperate.

Also - what does your employment contract say?

There are 2 passwords on the computer I just gave 1 of it too them. But there was a limited area they can work on. And those computer was previously used by other AP employee.

There isn't any employment contract.

Quote:

Originally Posted by Too Confuse

There are 2 passwords on the computer I just gave 1 of it too them. but there was a limited area they can work on. and those computer was previously used by other AP employee.

There isn't any employment contract.

I'm quite surprised that they haven't pressed criminal charges against you. So go ahead, sue them and see what they do in response - pay, countersue, file charges for employee theft.