Announcement

Collapse
No announcement yet.

Provide 2 Weeks Notice - If A Day in Those 2 Weeks is missed, pay withheld? Ohio

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Provide 2 Weeks Notice - If A Day in Those 2 Weeks is missed, pay withheld? Ohio

    Hello,

    This is my first post in these forums, but I am very optimistic given my review of other threads and the knowledge and helpfulness provided by the members.

    My question relates to the legality of an HR policy that my fiance's company, an LLC registered in Ohio, has regarding leaving the company. The way it works, once an employee puts in their 2 weeks notice, if any day is missed in that final 2 week period, all of the pay would be forfeited.

    Is this a legal policy in the state of Ohio? I tried doing some research, but I'm having trouble finding the best places to look. To me it doesn't seem like this would be an enforceable policy, but law is not my area of specialty.

    Any insight, documents, links, etc. would be greatly appreciated!

    Thank you in advance for helping me!

    Sean

  • #2
    It is not legal in any state for an employee to be required to waive pay for time worked. It is legal in all 50 states for an employee who does not work to receive no pay.

    So if the policy is, once they give notice if they miss a day they receive no pay for two weeks, that is not legal anywhere in the US. However, if the policy is, once they give notice if they miss a day they get no pay for that day, that is legal everywhere in the US.*

    * For exempt employees ONLY, minor exceptions can apply if the time is missed due to illness.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      This sounds like an “empty threat.” Ohio – like the vast majority of states -- requires employers to pay their employees timely for their work. It does not appear Ohio law would authorize a company to dock its workers nine days pay as punishment for missing one day of work.

      With that said, if a jerk in management wanted to withhold an employee’s paycheck for this reason and could care less about the company being sued as a result, he or she could conceivably take such a reckless course of action. It just appears that the likely response to such an insipid action would prove prohibitively expensive (e.g., liquidated damages, attorney’s fees) and time consuming. As a consequence, it does not appear at all likely the employer would carry out this threat.

      Comment


      • #4
        ESteele and cbg-this is great information; thank you!

        It would be expected that if a day was taken off during that final 2 week period that there would be no pay for that day, but that she would have to forfeit pay for the remainder of the days worked in that period seemed very extreme and non-compliant with employment code.

        Let's say an issue should arise with this, are there any sights yourselves or anyone else on these forums could provide that would have good information to be put to use?

        Thank you!

        Comment


        • #5
          It would however, be legal and not uncommon to make the missed the day, the last and not pay out the rest of the two week period. If an employee works a day, they must be paid for that day. Period. Some companies institute legal policies that disallow employees giving notice and then just using up paid leave and not reporting for work during that time. Since time not actually worked does not have to be paid, then it would be legal to stop paying as of the last day worked.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Originally posted by ElleMD View Post
            It would however, be legal and not uncommon to make the missed the day, the last and not pay out the rest of the two week period. If an employee works a day, they must be paid for that day. Period. Some companies institute legal policies that disallow employees giving notice and then just using up paid leave and not reporting for work during that time. Since time not actually worked does not have to be paid, then it would be legal to stop paying as of the last day worked.
            I think I get what you're saying; but they would have to notify that if a day is missed that is her last day and not to worry about coming any further, correctly?

            The question arose due to her talking with several other companies, and the concern being that if in the next two weeks they would like to have her come in during the day, she could not due to her intent to work 2 more weeks, but if a day is missed, then missing out on the pay for all of the days worked; does that make sense?

            Comment


            • #7
              Okay, let's not make this more complicated that it already is.

              If she works, she has to be paid. Period. They are free to NOT pay her for time NOT worked. They are free to tell her that she need not come in any longer, and NOT pay her for the time she has NOT worked.

              If she then subsequently comes in and works anyway, either because she was not told not to come in or because they called her and asked her to come in for a day, she has to be paid. Period.

              There are NO circumstances whatsoever under which it is legal for her to work and not get paid.

              If she works and is not paid for it, she can file a wage claim with the state and/or sue them in small claims court.

              Now, have I covered all eventualities sufficiently?
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Originally posted by cbg View Post
                Okay, let's not make this more complicated that it already is.

                If she works, she has to be paid. Period. They are free to NOT pay her for time NOT worked. They are free to tell her that she need not come in any longer, and NOT pay her for the time she has NOT worked.

                If she then subsequently comes in and works anyway, either because she was not told not to come in or because they called her and asked her to come in for a day, she has to be paid. Period.

                There are NO circumstances whatsoever under which it is legal for her to work and not get paid.

                If she works and is not paid for it, she can file a wage claim with the state and/or sue them in small claims court.

                Now, have I covered all eventualities sufficiently?
                You have, many thanks!

                Comment

                Working...
                X