1. Secretary at a mom and pop business quits.

2. Boss, who has been payng her by check (probably not witholding anything) tells her she will not be paid her final check until she gives a formal letter of resignation.

3. Payday was yesterday and no check.

What is her recourse?


Obviously, the boss is looking to avoid paying unemployment by getting the letter of resignation, but what can this girl do?

She quit. She won't get unemployment.

Quote:

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Originally Posted by sideoutshu

3. Payday was yesterday and no check.... What is her recourse?

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Hello sideout:

She should file for unemployment and sue him in small claims court.

excon

Several things,

1. she quit so she can not get unemployment but she can file for it anyway.

2. for the last check a. sue in small claims court b. report it to the dept of labor.

Part of the issue here is that if taxes were not being withheld, they will also owe taxes on the money and have to report it anyway.

Quote:

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Originally Posted by sideoutshu

1. Secretary at a mom and pop business quits.

2. Boss, who has been payng her by check (probably not witholding anything) tells her she will not be paid her final check until she gives a formal letter of resignation.

3. Payday was yesterday and no check.

What is her recourse?


Obviously, the boss is looking to avoid paying unemployment by getting the letter of resignation, but what can this girl do?

---

I'm confused, particularly in view of your past posts concerning obtaining legal information from Attorneys and the work done in your office by Paraprofessionals.

You're an Attorney. You don't know the answer to this relatively simple question?

Quote:

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Originally Posted by sideoutshu

1. Secretary at a mom and pop business quits.

2. Boss, who has been payng her by check (probably not witholding anything) tells her she will not be paid her final check until she gives a formal letter of resignation.

3. Payday was yesterday and no check.

What is her recourse?


Obviously, the boss is looking to avoid paying unemployment by getting the letter of resignation, but what can this girl do?

---

Number one, she quit so the unemployment is out (I know, this is what they told me when I quit my job to go back to school).

Number two, depending upon the state the boss can withhold the final check until some uniforms or materials are returned (common practice in fast food business). The assumption that the boss was not withholding taxes is just an assumption and has no bearing upon the issue.

Number three, the boss can treat her as simply taking a leave without pay unless the letter is received and if she wants the paycheck she should write the letter.

From the argument set forth I have to side with the boss otherwise he may unjustly end up paying unemployment benefits for someone who is undeserving.

Quote:

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Originally Posted by JudyKayTee

I'm confused, particularly in view of your past posts concerning obtaining legal information from Attorneys and the work done in your office by Paraprofessionals.

You're an Attorney. You don't know the answer to this relatively simple question?

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I agree. For a supposed attorney this guy is asking a very easy question. Why doesn't he just step outside into his office stuffed with paralegals and ask them?

Quote:

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Originally Posted by JudyKayTee

I'm confused, particularly in view of your past posts concerning obtaining legal information from Attorneys and the work done in your office by Paraprofessionals.

You're an Attorney. You don't know the answer to this relatively simple question?

---

Hmmm... I am not sure what your point is here.

Are you under the impression that any attorney whould have specialuized knowledge in every field imaginable? Wow... ignorance is bliss huh?

** remark by sideoutshu deleted****


Watch your mouth, show some respect!

One more shot, mess up again and I'm reporting you.

Behave.

No, need, warning already given, plus some other work

This thread closed and the poster given a 7 day suspend to cool off