Final Paycheck / Unemployment?

[sssrandall]

For the past year I have worked with my husband, who was the Body Shop manager for a shop in AZ. To make a long story short.... My husband decided to give a 4 week notice; 11/30/05 was his last day. Because I was his "wife" the owner of the shop has assumed my husband's notice was mine as well (I intended to find another position before giving my notice). To make it clearly understood, I gave a 3 week notice to the owner yesterday, who in-turn told me he wanted me to leave with my husband that day. I did leave him a letter recanting my notice within the hour of the 1st - which he accepted but said he would rather me leave so he can start "fresh" with no one to replace me.

Question 1: Can I receive for Un-employment in this case?

Question 2: When I go in Monday to pick-up our final checks (scheduled pay date) I fear retaliation and an attempt on the owner's part to keep part or all of the checks. I am returning company property (shirts), but would like to be able to discuss any issues with the law behind me. In reference to ARS 23-352: We have never authorized witholdings (other than AFLAC). Can he keep or withold the checks for ANY OTHER REASON. For example: Can he make accusations of sabatoge, theft, or anything of the like, and have any other legal reason for not giving us or modifying our checks on the 5th? This man thinks he's above the law and is truly a work of art. All I want to do is quietly go in, get the checks, and leave.

Question 3: Before I left on the 30th, he asked me to go over payroll with him. It included my pay and my husband's pay. I went over all the employee's pay in detail so he could call it in. What do I do if he "shortpays" either of of - My hours or my husband's commissions. When we both left yesterday he settled any payroll questions with my husband and that is what I expect on out paychecks. (I have copies of everything)

[Pattymd]

You can probably qualify for UI benefits, but only to the extent of your original notice period.

Can he keep or withold the checks for ANY OTHER REASON.

Generally speaking, no.

What do I do if he "shortpays" either of of - My hours or my husband's commissions.

If it's wages, you can file a claim with the state Dept. of Labor. If it's commissions, it will probably have to be a civil suit.

I understand you want to "be ready", because you don't trust this guy, but there's nothing you can do unless/until he fails to follow through. Maybe you'll get lucky.