Dear Group

I was terminated on the 20th but not told until yesterday. I was on vaca, I work as a recruiter and he is afraid I may have taken info with me for company but I did not. Can he hold back my check? He wants me to sign an affidavid before releasing check. I am broke can he do this Please help

NYC

No, he cannot...unless you have previously signed an agreement regarding this matter.

What law can I quote?

The Fair Labor Standards Act requires payment for wages, except for authorized deductions. Your state probably also has such a law. If you could let me know what state you are in, I could quote it for you.

What law can I quote?
If you do leave your job or are fired, you are entitled to receive all the compensation in which you worked for. Outside of that, state laws dictate when the check must be given. In Massachusetts, for instance, if you are fired, you are entitled to your pay as soon as you leave. If you quit, you must receive all of your pay by the next pay period. Many other states follow the same guidelines, but, again, it varies from state to state.

How do i find out the law for NY state?

What law can I quote?
Please visit this site for a state by state guideline on final paychecks.
Let us know if you have further questions.
Best wishes.
Sue

If the NY next to your name represents New York, the law is:
Next scheduled payday. (N.Y. Labor Laws §191)
Accrued vacation pay need not be part of final paycheck.

http://www.nolo.com/lawcenter/ency/article.cfm/objectID/7D5D0C62-9CB1-47F8-BA6C70E1318E65FE

LC

That would be a big help.

Thanks Brian

I'm sorry. I noticed "New York" as soon as I posted the last message. In any case, FLSA says, "whether in cash or in facilities, "wages" cannot be considered to have been paid by the employer and received by the employee unless they are paid fully and unconditionally or "free and clear"."

I'm still looking for New York's law and will post it as soon as I find it.

His lawyer was suppose to get back to me today he wants me to sign some affidavi

Brian

You don't have to do it...unless you want to leave on good terms and you have nothing to lose by doing so. You are owed your wages without such an obligation.

If you think that agreement can come back to hurt you sometime, such as it contains a non-compete, you may wish to avoid signing it. You may wish to talk with an attorney to get more advice.

His lawyer was suppose to get back to me today he wants me to sign some affidavi

Brian
Just be aware that your final check DOES NOT depend on you signing ANYTHING.

If you have a question or legit complaint about your final pay, start by contacting your state's department of labor.

You are entiltled to your final paycheck by the next payday from when you were terminated. (N.Y. Labor Laws §191)

Sue

My contract states I will be paid 10% comission on all placed people some hospitals have not paid yet. some have trouble. Some will in my contract it is not my responsibility to collect commissions but theres. Do they owe me? Can I sue my old company? They never told me about the trouble they have collecting or that they are a statrt up. Does this neget my non-Compete which covers 150 miles.....

I'm not sure if I understand your last message. However, unless you specifically agreed to a deduction for unpaid fees, you are owed that money. As far as whether the non-compete will affect you if you are 150 miles away, I couldn't say. It depends on the Agreement itself. However, most courts take the position that a former employer cannot withhold your ability to make a living. It may still cost you money in defending that action. Also, a future employer may be reluctant to hire you if they know about the non-compete.

Let me know if this doesn't answer your questions.