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Employeer is Refusing to Pay Wages

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  • Employeer is Refusing to Pay Wages

    I work in Pennsylvania. I submitted my two week notice according to standard practice and my last day of employment with the company was 03/03/2005. I spoke with my boss who is also the president of the company to make sure that my final pay was in order and he is refusing to pay me $380.00 worth of earnings. He has refused to pay a sick day from 02/24 and a personal day from 03/01. Additionally, as of 12/09, I was recieving a weekly bonus of $50.00 as an increase in wages due to the cost of living increase. He is also refusing to pay those wages ($150.00). I also have 5 days of vacation earned that he has refused to recognize and pay me for ($600.00). I am looking for advice on what I can do, to try and get this money that is owed. Although it is not a large amount, it is more about the principal of the money than it is the money alone. If anyone has any advice please email me with your suggestions at ([email protected]). Thank you to everyone how took the time to listen to me vent and to everyone that responds with advice.

  • #2
    Refusal to Pay Wages

    It is not legal to withhold pay after it has been earned if there wasn't a communication ahead of time to describe the terms and conditions of the pay, such as when the pay may be withdrawn. However, there are exceptions to both of these statements. For example, sick pay and vacation pay do not need to be paid to employees at the time of termination in the state of Pennsylvania. The same is true on payment of bonuses, unless the bonuses were tied to production, as in the form of commissions. In light of all of these exceptions, I don't believe that you have money owed to you.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      I don't fully agree with the previous post...If you are owed actual worked wages (for hours worked) then he has to pay those. If you are owed a sick day and a personal day from when you were still employed there and you followed the guidelines and you were not told when you gave your notice that you could not use them then I feel you should be paid for those. As far as paying you for unused time off...they don't need to pay you for that UNLESS there has been a precedent set previously and they are just not paying YOU the unused time...in other words...they have paid everyone else that has left. I think the precedent is key in that instance but you will probably never know. I would be happy you had vacation time granted as there is no law requiring it and let that one go.

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      • #4
        Clarification

        I had assumed that when the person who wrote the original post discussed, "$380.00 worth of earnings", he/she was referring to dollar value of the missing vacation and sick time. If he/she was referring to wages due, I completely agree with you.

        To the person who originally wrote the post: Is my assumption right or wrong? Thanks for the clarification.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Assumption

          when i took the sick and personal day i was still employed at the company and followed all guidelines. my rate of pay at the time was $120.00 for each day, and he owes me $150.00 in weekly bonus wages. does that help to clarify?

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          • #6
            I think you should be paid for the two days...but they can withhold the bonus as that's worded as a bonus which puts it at their discretion.

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