Employer witholding sons wage?

Curtis H

First lets be clear; based on the information you have provided it is not legal to withhold ALL monies; it may be acceptable to withhold anything other than a basic month pending submission of detailed time sheets.

Can't really expand on that further but it breaches the core principles of contractual laws between two parties, documented or not. You son is effectively extending a line of credit to the employer based on the month he wits to be paid, as long as continuation has occur ed then precedence has been fully established.

Curtis

windowman

Manchester, New Hamsphire, USA? Manchester, UK?, Manchester where....?
Laws vary from country to country.

\M/warbringer\M/

Yes they can withold his wages, although they can CALCULATE it they legally have to have the time sheet that proves that he did those hours, same thing happened to me, I thought that they couldn't but they sure as hell can haha, just get the time card in and they should hand over the money.

Frederick R

'Windowman' has the only positively correct answer to this point.......
without knowing where you are "we" can not answer definitively.

YoYokiller

Dont think its legal. But have him turn one in and if they dont pay up very soon then get a solicitor after them.

But yeah they could pay him but they obviously are being awkward

happypitbull

Without providing a jurisdiction, no answer can be given. Everyone here is just guessing.

Of course the real question is why wont your son hand in his time sheets per his employer's regulations? As a practical matter many employers cannot process payroll for an employee without it. This is especially true for homecare providers that have to provide consistent documentation to health insurers. Just have him hand in his time sheet and they will release his wages.

Edit: Based on his only other question which talks about overpayment on a check in pounds, I am guessing that the Asker is speaking of Manchester UK.

Elliott M

if it is spelled out in the companies policy and contractual agreement. Absolutely read the fine print and review the companies policies there may be a process of appeal but by the time it is completed the wage issue probably will be resolved. he actually should have been more vigilant in his duties to submit the required paperwork

patty74

This is actually illegal to do in most states, but again the laws vary everywhere. You can contact the Board of Labor in your state and file a complaint against the company for doing this, or at least threaten to hire an attorney and file a complaint against them in which you would seek the wages, attorney and legal fees... the thought of this would most likely just make them want to give in right away as they would be out much more money in the end, not to mention that they would be investigated for unethical business practices as well as violating civil employment laws. Go to google and look up the Department of Labor in your state, I would have given you a link to it, but I am not sure if you are in NH, or....

Let me know how you make out, you can contact me personally if you would like to as I know much information about this. Thanks and good luck to you!

FOLLOW UP -

If you are from New Hampshire, the link to the department of labor there is...

http://www.labor.state.nh.us/

Thanks again and let me know if you need anything else...

Phillip Brunelle
Photography by Phillip Brunelle
Affordable Wedding Photography
Serving MA and all of New England
http://www.phillipbrunelle.com

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