Can my employer hold my pay?
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Can my employer hold my pay?
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I've been on bed rest since the first week of Dec. due to pregnancy complications. My employer informed me of my earned time off and sick time available and I submitted for that to be issued to me in my next paycheck.
They told me to come a week later to get my check, when I went, they forgot to submit it, they apologized-told me it would be issued next pay. I called before going to pick it up to be sure. They confirmed it was there. I went to pick it up & they couldn't find it! Now, I'm having problems getting anyone to take this seriously. The assistant mgr told me to call back to speak to a dif mgr the next day. I called, he knew nothing of it and didn't pay much attention. I called again today & they hadn't talked about my missing paycheck yet. Twice they said they would call me back, and they have not.
I have no idea how to pursue this. I don't want to cause trouble for when I need to go back to work, but I need my check to pay some bills. I don't make much but every bit helps.
Additional Details
I am in NC, USA
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leysarob
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Earned vacation pay, commissions, and bonuses cannot be forfeited unless the employer has a written forfeiture clause in its vacation, commission, or bonus policy or termination policy pursuant to N.C.G.S. 95-25.13(2) of the WHA. Keep in mind that vacation pay, commissions, or bonuses have to be earned, regardless if a verbal promise or a written policy, before an employer has to pay them at all. Also, even if there is a written policy that has a written forfeiture clause, an employee may still be due the earned vacation pay, commissions, or bonuses at termination. It all depends on the language of the forfeiture clause and the reason/s the employee's employment was discontinued, and if the reason/s meet the criteria in the written forfeiture clause. Please note that the North Carolina Department of Labor (NCDOL) takes the position that sick leave does not have to be paid at termination even if there is no written forfeiture clause unless the policy actually states that sick leave will be paid at termination or there is the practice of such payments. |
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SAgirl
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A little more information regarding the location will be needed due to the fact that each country have their own set of laws |
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PIMPALICIOUS
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Legally they can't hold your check, if it is due to you by a specific time. Try to talk to your manager again or consult HR department. If not then try talking to an employment law lawyer.
good luck! |
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Johanna
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I highly recommend that you contact your Human Resources representative immediately. |
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