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  • Handbook not distributed but starting to apply?

    My company is refusing to release my final check in a semi-montly basis as was stated in the Handbook i Acknowledge and sign. I refered to it to request my payment.

    Today they sent me a "New 2016" version in the Handbook where they state that they can hold my last paycheck until their client pays their debt. This "last version" was never distributed, nor signed by me or any of the employers.

    It is my belief that they are just "releasing" this new 2016 version just to sustain what they said in previous emails ("we will hold you last paycheck until the client pays their debt with us")

    What can I do? A company can just "update" the employee handbook at will to comply with what they want to do with the employees?

  • #2
    The answer is probably to file a wage claim with your state DOL. What state?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Based on his other postings, Florida.
      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.

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      • #4
        Florida or California?

        Originally posted by DAW View Post
        The answer is probably to file a wage claim with your state DOL. What state?
        Thanks for the response.

        The company is in Florida, but I was working in-site with the company client, in California. In what state should I file the wage claim?

        Thanks!

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        • #5
          As asked elsewhere, were you living in CA (as in you had your own apartment/house that you paid for yourself, leased/owned in your own name, expenses for which you paid for with no reimbursement from your FL employer) when you were working for this FL employer? Or was your FL employer paying for temporary housing for you while you worked at their CA client site? If the latter, how long did this go on, and did you have a FL residence of your own while it was going on?

          Also as asked elsewhere, were you being paid by the FL employer as an employee (i.e., IRS W-2) or as an independent contractor (i.e., IRS 1099)?

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          • #6
            Originally posted by eerelations View Post
            As asked elsewhere, were you living in CA (as in you had your own apartment/house that you paid for yourself, leased/owned in your own name, expenses for which you paid for with no reimbursement from your FL employer) when you were working for this FL employer? Or was your FL employer paying for temporary housing for you while you worked at their CA client site? If the latter, how long did this go on, and did you have a FL residence of your own while it was going on?

            Also as asked elsewhere, were you being paid by the FL employer as an employee (i.e., IRS W-2) or as an independent contractor (i.e., IRS 1099)?
            Hi,

            I lived in CA with all services (water, electricity, internet, apartment lease) under my name. They provide a fixed montly amount for "expenses" that I used to pay 1/5 of the apartment lease under my name. I worked in CA during all my employment time with this company (1 year),

            Most clearly: I was contacted in Mexico (They granted me a TN Visa) and went to Florida to sign the contract under W2 and get my SSN, I was there for one month and immediately deployed to California to work in-place with the client.

            Thanks for any advice!

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            • #7
              you really need to take all your documents to an employment attorney, because you keep adding in details that change the issue just a bit.. Because I think you have added a whole layer of issues on when you state you are on a TN visa.

              Just too many details/questions for a public forum. I really suggest an attorney.

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              • #8
                To qualify for a TN visa, you have to be an employee, not an IC. Being on a visa does not change wage and hour laws. There is no state where employee wages may be held until a client pays, but especially not CA. File a claim with the DLSE.
                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.

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