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  • Employer holding 2 months paycheck

    Hi All,

    I work for employer A in client location D and there are two mid vendors B and C (A-B-C-D). I took an offer from C but still work for the same client. Now my former employer A is holding 2 months paycheck and he's threatening me that he would file a lawsuit against me for violating the non-compete agreement or demanding $XX, XXX from me. But A do not have a direct relationship or contract with C. What should I do to get my paycheck? and did I violate the non-compete agreement? Please help

  • #2
    Employer whatever-letter-it-is cannot hold your paycheck. He can, however, sue you for breach of the noncompete. He may or may not be successful; seek local counsel regarding the NCA.

    File a claim for the unpaid wages with the state Dept. of Labor.
    http://hawaii.gov/labor/wsd/pdf/Unpaid%20Wages.pdf
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      File a claim for the unpaid wages with the state Dept. of Labor.
      http://hawaii.gov/labor/wsd/pdf/Unpaid%20Wages.pdf
      Patty, I could be missing it but I don't see where OP gave state as Hawaii.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Originally posted by Betty3 View Post
        Patty, I could be missing it but I don't see where OP gave state as Hawaii.
        You're right, wrong thread.

        OP, what state DID you work in?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Ok. I wasn't sure if maybe my eyes were giving out on me.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by Pattymd View Post
            You're right, wrong thread.

            OP, what state DID you work in?
            I work at PA but my employer is based in IA.

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            • #7
              In which case you talk to the PA DLI.
              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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              • #8
                Agreed. Labor law almost never cares about where the company is based or headquartered, but rather what state the actual work was done in. In fact if you have a so-called telecommuter, the state cares where the physical body of the actual worker was while the work was being done. Labor law is law the government imposes on the parties (employer, employee), such as minimum wage and overtime.

                If we instead are talking about contract law, and not labor law, then the location of the company headquarters might make a difference. But contract law can at best be in addition to labor law, not instead of. Contracts between parties cannot make governmentally imposed labor law go away.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  http://www.portal.state.pa.us:80/por...=553573&mode=2
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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