Smiths1014
11-01-2006, 09:45 AM
I recently voluntarily terminated from an exempt salaried position effective 10/25/2006. I did not give prior notice, but instead handed in a resignation letter effective immediately and turned over all keys to the premises. I was to receive my last pay on 10/31/2006 for time worked from 10/9/06 through 10/25/2006. My employer is refusing to pay me unless I provide her with a list of all outstanding issues, status of reports, and various other job details. All of which is available to her at the job locale. I was hired in as an "at will" employee and under no contract or time obligation. Can she legally withhold my pay if I do not provide her with this information? And if so, what's to stop her from adding more demands to this list?
Pattymd
11-01-2006, 09:53 AM
No, she cannot, legally. However, since advance notice of resignation is preferred exactly for this reason (transition of work responsibilities, status of outstanding projects, etc.), why don't you just do what she asks? It's only the responsible thing to do. You say this information is available "at the job location". Is that where she is located? Does she know where to find it? Can she access it?
BTW, Ohio has no provision regarding when terminated employees must receive their final paycheck in relation to last day worked. So, anything up to and including the date for the regularly scheduled pay day for the pay period that includes your LDW would be accepted under best practices.
Smiths1014
11-01-2006, 10:00 AM
She has access to all the information she is requesting. I would be willing to give it to her, however, I'm afraid this will continue to be an ongoing battle of her trying to come up with more reasons to be vindictive. What is truly sad, is that this company is one that provides outsourcing for HUMAN RESOURCES! She is the one who showed me where to find all of these reports. They are located on HER server! What's more is that including myself, 6 people have voluntarily terminated from this firm within the last 5 months. The entire office consists of only 7 positions. I feel I may be in for a long battle.
Beth3
11-01-2006, 10:15 AM
What is truly sad, is that this company is one that provides outsourcing for HUMAN RESOURCES! But on the flip side, resigning with no notice is unprofessional.
In any event, you may file a complaint for your unpaid wages with your State's DOL. Your employer may not hold your paycheck hostage.