View Full Version : Withholding paycheck after quitting question Vermont

10-16-2009, 06:59 AM
Nevermind, your moderator Pattymd was a (deleted) when I asked for assistance, so I found everything in 30 seconds.
Overtime Pay:

21 V.S.A 384(b).

An employer must pay an employee at least 1- times the employee’s regular wage rate for all hours worked over 40 on a workweek. Note: Vermont exempts from this overtime requirement employees of: retail or service establishments; hotels, motels or restaurants; the state and political subdivisions of the state; certain amusement or recreational establishments; and certain employees engaged in transportation if also exempt from the F.L.S.A. Employees exempted under Vermont law may still be entitled to overtime under federal law.

Forms of Payment :

21 V.S.A. 343

Such employer shall not pay its employees with any form of evidence of indebtedness including, without limitation, all scrip, vouchers, due bills, or store orders, unless:

(1) the employer is a cooperative corporation in which the employee is a stockholder. However, such cooperative corporation shall, upon request of any such shareholding employee, pay him as provided in section 342 of this title; or

(2) payment is made by check as defined in Title 9A. (Amended 1977, No. 244 (Adj. Sess.), 4, eff. May 1, 1978.)

Electronic or Direct Deposit

21 V.S.A. 342

With the written authorization of an employee, an employer may pay wages due the employee by deposit through electronic funds transfer or other direct deposit systems to a checking, savings, or other deposit account maintained by the employee in any financial institution within or without the state.

Fired or Quit - When is pay due?

21 V.S.A 342 (c)(1)

An employee who voluntarily leaves employment shall be paid on the last regular payday, or if there is no regular payday, on the following Friday.

21 V.S.A.342(c)(2)

An employee who is discharged from employment shall be paid within 72 hours of the discharge.

Benefits and / or Wage Supplements

An employer is not required to provide its employees with paid or unpaid holidays (such as “Memorial Day” or “Thanksgiving”), paid or unpaid sick leave (except under the Parental, Family Leave Act), paid or unpaid vacation time or severance pay when an employee leaves the business. However, employers who are parties to written agreements, which can be in the form of an employee handbook, memorandum, correspondence, etc, providing for vacation time, sick leave, holidays and/or severance

pay are liable to their employees for these benefits. In the case where benefits and/or wage supplements are offered in a collective bargaining agreement (union contract), an aggrieved employee should contact his/her union representative. Employees aggrieved over unpaid retirement or profit sharing plans should contact the ERISA Division of the U.S. Department of Labor at (617) 565-9600 or e-mail at www.dol.gov/ebsa

No Reason for Termination

Vermont is considered an “at will” state. An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental or physical disability. Vermont law also prohibits discrimination based on sexual orientation, HIV status, place of birth, and age over 18. It is also unlawful to retaliate or discriminate against employees or applicants that have alleged employment discrimination. If you feel you have been discharged due to discrimination please contact the Attorney General's office at www.atg.state.vt.us

Wage Deductions

The only deductions that may be made from employees' wages are those, which are permitted or required by law. Those would include taxes, Social Security, etc. and, with the employee's written authorization or sufficient employer documentation, cost of goods or services provided by the employer to the employee for which repayment was intended. Lacking a statutory provision, which would require or permit employers to do so, employers may not deduct or withhold wages for such things as: an employee's refusal or inability to provide or sign documents such as I-9 forms, tax withholding forms, etc.; an employee's refusal to provide a notice of or reason for termination; an employee's refusal to sign a document written by the employer, etc.; an employee's inability or refusal to accept the wages in person (postal delivery is an acceptable means for the employer to comply with the timely payment of wage law); the maintenance of uniforms; poor job performance; alleged shortages, bad checks or credit cards; destruction of or missing property; etc. Allegations of damages and improper payment of wages are separate issues and must be dealt with, if necessary, in separate court actions. Recovery of alleged damages may be possible through civil action, whereas illegal withholding of wages is in violation of Vermont's criminal statutes and criminal prosecution is possible.

Breaks and Lunch Periods

Under Vermont law, an employer must provide its employees with “reasonable opportunity” to eat and use toilet facilities in order to protect the health and hygiene of the employee. Federal law mandates that if an employer provides a lunch period, it is counted as “hours worked” and must be paid UNLESS the lunch period lasts at least thirty minutes and the employee is completely uninterrupted and free from work.

Minimum Wage

Vermont's minimum wage rate will change as stated below. (Note: Effective since July 1, 1989, "if the minimum wage rate established by the U.S. Government is greater than the rate established for Vermont in any year, the Vermont minimum wage rate shall be the rate established by the U.S. Government".) Minimum Wage

10-16-2009, 07:46 AM
OK, I was going to ignore this, but I just can't.

You do not demand "answers in a few minutes". You are not paying for the advice here. The responders are volunteers who have jobs and lives. I explained all this in my response to your PM, including the fact that someone who knew the answers would respond when they could. But that wasn't enough for you. So, you resorted to profanity (and had your post reported because of it), and looked up the stuff yourself (which is what any of us would have had to do). So why did you bother posting in the first place?:mad::mad:


10-16-2009, 08:49 AM
Do not in the future call any of the responders/posters a name as you did in your first sentence of your post.

I don't know what you expect from us as we are all volunteers as Patty noted.

10-16-2009, 09:20 AM
Also, Patty is not a moderator.

10-16-2009, 09:33 AM
Also, Patty is not a moderator.

Thank goodness.

10-16-2009, 09:47 AM
Also, Patty is not a moderator.

Dang, I meant to add that but by the time I deleted a couple of words from OP's post & typed my post, I forgot already.

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