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Tue 1 Nov, 2005 07:45 am
On friday Oct. 28 I told my boss that after my shift the next day, I was uncertain of when I would be able to come in due to family obligations. He said he would bring my paycheck to me the next day, and we decided that would be the end of my employment for him.
I had only been working there for a month, but in that month I had not recieved a single paycheck.
He failed to show up on Saturday with my check - and claimed he told me he would mail it, not come in to give it to me. I decided I'd wait a few days to see if I got it in the mail.
Last night he saw me working somehwere else, and stopped me as I was about to head home.
He said I was lying about the family obligation, and for that and because I didn't give him two weeks notice, said he did not have to pay me. We got into a heated argument about it, and only ended when I threatened to call the police.
He owes me for a total of 170 hours.
Frankly, I have no idea what to do, or where to start. I'm just a 17 year old girl and I'm completely lost.
If you worked it, it's yours and he has to pay you. You are not entitled to any vacation, sick, personal or severance pay. But you are entitled to your earnings and he has to mail them to you if you don't pick the check up.
If you are in the United States, then go online and look for a Department of Labor in your state. Search for "fair labor standards," and send an e-mail to ask them what you need to do to get your pay.
If you dont work with him anymore he must have realised you had to get a job somewhere else!!
How the heck does he know about your family commitments, why would you lie, youve still got to work.
He is probably trying to get out of paying you because your a 'kid'.
People are like that, stick to your guns.You are efinately owed the money if yuo worked the hours, does he expect you to work for free!!
Notice is immaterial, so is whether you were truthful about the family obligations thing, the guy owes you for the work. Gather together everything you have about the employment - any contracts you may have signed, any letters about your employment, information about shifts you worked, even any company telephone directories listing you as an employee. I am talking anything and, like Setanta said (PS, hi Set), get thee to the Department of Labor and tell them what you told us.
Well, I'd be miffed if I'd hired you, you worked for a month, told me that you couldn't work for me any longer due to family commitments, the reason for the lack of a two-week notice I would assume, and then I run into you working somewhere else? You've lied to me and made a fool out of me.
Who knows what hardship you may have caused him by leaving without notice.
It may have been stated in the paperwork/contract you signed at the beginning of the job that a two-week notice is mandatory. You breaching that may free him from having to pay you. It's not fair but, from his point of view, you leaving him without notice isn't fair either.
So, did you lie about the family obligation? If so, let it be a lesson learned. if not, go to him and be honest about why you had to leave without the obligatory two-weeks notice. Maybe it'll soften his heart.
One more thing: Never work anywhere for an entire month and not get paid.
You are entitled to pay for time worked. It almost sounds like you were fired, rather than having quit. Depending on your particular state, the employer may be required to pay within a specific time limit, and if that time limit isn't met, required to continue wages till payment is made.
In the absence of a contract, advance notice is not obligatory. It is a courtesy. You tell him you are uncertain when you can come after the next day and he says he will bring you a check. Really, cvt, I think you were fired.
In my State (Nevada) your rights have to be posted somewhere conspicuous at work. Here in Nevada if you quit your job, you pay is due in 1 week or whenever you would normally be paid, whichever is FIRST. If you are fired your pay is do immediately. Check for a similar signs at your new work place with your State laws on it (or on the internet). I think it is safe to assume they are in violation at this point (be sure to check the law though), and you need to contact the authorities.
I'd be upset if I hired you and this happened as well, BUT this has nothing to do with what they owe you.
LLH
I can appreciate that your ex-boss may be a bit ticked off at you for what he perceives as a concocted story about your leaving that job and then immediately showing up at a new one.
Be that as it may, you deserve to get paid for the time served, I think.
The "obligatory" two week notice thing is, I believe, a total myth in US Labor Law, not binding on either employer or employee. But I am wrong about a lot of things.
You're not wrong on this, though, rjb.
We need to know jurisdiction. I'm with roger. I don't know if the concept of "constructive dismissal" is known in the US/Canada/UK etc but it's known where I am. It's a bit difficult to explain but an example is where someone quits because they simply can't stand working in a particular job for very good reasons and those reasons relate directly to the job (eg a bully for a supervisor) then they can seek compensation for unlawful dismissal.
But specific advice is what you need cvt - depending on where you are further information might be forthcoming here.
If you don't give notice of leaving to your present employer and just leave, it only looks bad on your resume for your next job and that too if you mention that you worked there. But your employer has to pay you in full for hours worked there. Take him to a small claims court if he doesn't pay. First let him know in writing (of which you keep a copy of) that that's what you'll be doing if he doesn't pay you right away. And then if he doesn't pay then take him to a small claims court and you'll be fine. Do not walk away without being paid or he'll do the same to some others too.
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