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  • holding back paycheck Maryland

    My employers say that if i do not return a paper back handbook they will withhold my paycheck, can they do that. And, if they do anything illegal how do i report it?

  • #2
    No, legally, they can't. But why don't you just do what they asked? It's a perfectly logical and legal request they are making of you. Then they don't have a reason, do they?
    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
      No, they can't, and you can contact the state DOL to file a complaint.

      However, a simpler solution would be to return the handbook.
      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
        jinx, cbg
        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
          Just to clarify, they may "hold it" until it would otherwise be due, as opposed to paying you upon termination. They may not hold it indefinitely.

          Gotta go with the other opinions though. You have no need for it. They asked for it. Make your life easy and turn the darn thing in. There is no reason in the world not to.
          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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          • #6
            what if they are asking for something you do not have, such as past emails you deleted from your computer before you left, and explained it several time that you do not have it. Can they now just not pay you at all?

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            • #7
              no

              Generally

              An employer must pay for all hours worked.
              An employer can be fined for each 24 hours they withold your check.
              If you were fired, the check was due to you imediately, if you quit they have 72 hours or to the next normal pay period whichever is shortest.

              An employer cannot charge an employee for loss or damage to equipment under normal use.

              Contact the Department of Labor in your state and make a complaint. You will have to fill out paperwork and basically sue for your check.
              What is veiwed is not always what is seen and
              what is heard is not always what is spoken!
              ~M. Noitall~

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              • #8
                on the e-mails

                Did you delete the e-mails after you were fired?
                did you also clear the deleted items?
                if so they can sue you and have you arrested for willful destruction of data.
                What is veiwed is not always what is seen and
                what is heard is not always what is spoken!
                ~M. Noitall~

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                • #9
                  they are asking for me to sign an affidavit and supply them with information they believe I have ( emails) and return them on a memory stick. I can not convey to them that the information was deleted prior to my returning the company laptop. It was email addressed to me and I deleted all of it.My resignation letter that they graciously wrote for me, and signed by the president says my last day of work is tomorrow( Feb 14th). That I do not need to return to the office, and the money will be wired to my account.
                  I received the email of them resinding the letter yesterday. They sent the letter about the memory stick today

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                  • #10
                    rcpilot, the daily penalty payable to the employee for late payment of the final paycheck is a California law; there is no similar penalty in Maryland.

                    OP, you mean your last day of work is March 15, right? In Maryland, your final pay is due on the regular pay day, irrespective of whether it was a voluntary or involuntary termination. So, until the pay day for the pay period that includes March 15 has come and gone, there is no violation. At that point, however, you can file a claim for unpaid wages with the state Dept. of Labor.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      technically no. I cleaned up my computer over the weekend.They requested to meet with me on a Sunday via email. I met with them on a Monday. The microsoft office 2003 program disc was mine. I brought it with me when I joined the company as they did not have any software on the computer when they purchased it. ( No money)They bought two Office student additions and put them on the other office computers.6 total ( violation of license agreement) I had the professional version so I opted to use that on my company laptop. So when I knew I was leaving, on a Friday, I removed the program.
                      I had left a copy of all the data on the server before I left for my trip. ( Year end computer clean up) Just a coinsidence to have a back up of all data. It was in a folder marked with my name. I told them how to retrieve it and gave them a list of all of their passwords and explained that they need to change all of their passwords. I had to take myself off of the website and email ( I am the administrator) I did this to help them.
                      What they are looking for is data from a server hosted by another company. CRM and WEB site
                      They do not understand that when I said that info is on a server, I mean the host server. I have explained this several times.

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                      • #12
                        There are no circumstances however, that allow them to just not pay you. See here for details if they do not pay you for whatever reason http://www.dllr.state.md.us/labor/wa...wpremedies.htm
                        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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