Announcement

**Beth3** · 09-14-2005, 09:34 AM

when unempleyment contacts my former employer, what if they say i walked out and quit? or what if they say he is still an employee, he is just under suspension? From what you described in your previous post, they probably will say one of those two things. The UC Division routinely has to sort through different versions of the events from the employer and the ex-employee. In the absence of any hard evidence as to what took place, they will rule based on who they find more credible and what logic suggests actually took place.

when i go to pick up my check,

Can they delay giving it to me? Kansas requires that a departing employee receive their final wages no later than the employee's next regular pay day.

can they withhold any earnings? No.

can they make me pay my vacation back? No. KS statutes don't require the payout of unused vacation upon termination but in KS the courts have interpeted wages due upon termination to include vacation pay.

do i have to sign anything ? No.

what if it's not at the office? which is normal. what if my boss has it in his pocket all day and i'm forced to wait untill he has time to give it to me? Again, you must receive your final wages no later than your next regular pay day.

Would it be a good idea to take a tape recorder or video camera to document exactly what happens? No. What do you think is going to happen that you need to record it? Either they'll have your paycheck ready or they won't.

what do i do if their action are illegal? Contact KS's Department of Labor and file a complaint for your unpaid wages.

should i have my lawyer on speed dial? No. (I think you're getting a little hysterical. Calm down.)

can the manager make me have a meeting before giving me my check? He can certainly ask to speak with you. You have no obligation to comply.

**Derailment** · 09-14-2005, 10:36 AM

thank you beth

thank you Beth,
i am more than hysterical about this. i thought evidence of the facts would support my claim to the KS Department of Labor.

and just so i understand,

They Can ot make me pay back the vacation time that i've already used and have benn paid for.

And I will should receice all my earned wages on the 15th.

Or they don't have to give me any wages till the first?

or they will give me my check on the 15th, and then they have to give me my final wages earned by the 1st of october?

Again, thank you beth, i posted this in different catagories to try to receice a quicker response. again yes i'm hysterical, thank you, i do realize that i need to calm down, it's obvious to everyone around me too. your responses are valueable to me. thanks for the advice also, sometimes it takes a perfect stranger.

One employees word against that of a family who is well known and respected in this town. i don't like the odds, but above any laws, or any judgements, "The truth shall set you free". I'm off to the unemployment office, thank you for all your help. It makes me feel reassured in my actions, since i now how some knowledge on the subject which lays before me.

**Pattymd** · 09-14-2005, 10:47 AM

It all depends on:

What period of earnings the checks on the 15th and 31st cover.
What is/was your final day worked.

**Derailment** · 09-16-2005, 03:08 AM

does the former employer have to comply with my requests?

[SIZE=1]alright, thank you even much more than before. i went to collect the earned wages from Aug. 15th, through aug. 31 on the 15th of september. it wasn't a pretty picture, but nothing got out of control. I did take an extra pair of eyes and ears with me, but the boss told them that they had nothing to do with this and must leave. but i said that since this was a family business which has no hr department, i brought an unbias witness...and it turned out that it was a good thing that he did come too....
So i asked my boss for my paycheck,(i could see it in his back pocket), and he said let's go inside and talk, and your freind can wait outside. i said no, just give me my check. he said your not getting your check untill you sign a form stating you walked out on your shift. i knew this was going to happen, i was prepared. I said you fired me, and he denied the fact, i then told him, "the last thing you siad to me was Go Home And Don't Come Back, and that statement is a relief of duties, a dismisal, A termination. I also said told him that i did not have to sign anything, so give me my check. He denied ever saying the statement, and he looked over at the new employee(whom also used to be tutored by the boss, in high school.)and said did you ever hear me say that. new guy looks at him, looks at me then looks back at bossman, sighs real deep and said quietly, "no i did not hear that". The manager then again tries to make me go inside to sign the paper. Again i refuse as i hold up the email from beth's response, and say i've been consulting legal matters online since being fired, and i this document sais NO, NO i DO NOT HAVE TO SIGN THAT PAPER, and i will never sign that paper, it i s untrue, and insulting. So just give me my check...... He Then Proceeds to call me an ---hole and shoves the check my direction. and said take it. i said thank you.
Then i gave him a list of documents, items, and earned pay that i would be needing no later than the !st of Oct. the list includes driver logs for the last two weeks worked. time card for those weeks, and all job invoices completed by me in those weeks as well. so i can come up with accurate earned incomed. I also stated that i needed any contracts, policies, and documents signed by me in my employee file. And demanded all earned income to be paid in full no later that Oct 1st. my witness signed that hhe saw the manager receive my demand list...
THE MANAGER ALSO SAID THAT I WOULD NEVER RECEIVE UNEMPLOYMENT FROM HIM.
I TOLD HIM THAT THE DECISION WASN'T UP TO HIM.. AND THAT IT WAS VERY DISRESPECTFUL FOR HIM TO SCREAM AND YELL AT MY WIFE.

MY QUESTION IS, IN THE DEMAND LIST THAT I GAVE MY FORMER EMPLOYER, ARE THEY REQUIRED TO GIVE ME EVERYTHING THAT I HAVE REQUESTED?

I KNOW THAT I'M ENTILTLED TO MY EARNED INCOME, BUT WHAT ELSE IF ANYTHING, MUST BE GIVIN TO ME UPON REQUEST?

I BELEIVE THIS IS THE MOST USEFUL SIGHT ON THE INTERNET.........AND MAY GOD BLESS THOSE INDIVIDUALS WHO PUT FORTH THEIR TIME AND EFFORT TO EXTEND A HAND TO THOSE IN NEED OF KNOWLEDGE.

**Pattymd** · 09-16-2005, 04:28 AM

I'm not sure how many of the records you asked for you're actually going to get, if any. The problem is that the documents you asked for are all company records and not part of your personnel file (including driver logs and time cards), and I could not find any law where they would even have to provide that. A "friendly" letter from an attorney might help, or you may have to have the records subpoenaed. It's pretty obvious from the attitude of the company towards you, that they are not going to turn them over voluntarily.

**Beth3** · 09-16-2005, 06:48 AM

Derailment, Kansas has no laws that allow employees access to their personnel files - and the documents you are requesting wouldn't even be part of your file if your State had such a law.

All that you are legally entitled to is your final wages. If that doesn't happen, then contact KS's Department of Labor and file a complaint. ANd of course pursue the unemployment claim. As to the rest, you really need to calm down. Yes, your boss is a world-class jerk but letting this unpleasant situation consume you is simply not a good idea. I suggest you focus your energies on finding a new job. Good luck.

P.S. You can't get a subpoena for those records unless you file a lawsuit and I don't see anything that you can file a lawsuit over. If in the final analysis you believe you haven't received all the wages due you, then KS's Department of Labor will handle the matter on your behalf.

**grasmicc** · 09-16-2005, 07:09 AM

Employee can definitely subpeona all those documents in order to determine if the income paid was correct. Employee could just file a suit claiming that they think that they were underpaid for this period and then the employer would need to put all those docs forth.

**Derailment** · 09-30-2005, 01:10 PM

they withheld earnings.

thank you all so much, you've been a great help to me.

i know what i have to do since they withheld eanings. i just want to clarify that i am correct in the situation.

they took out of my check $94.48 for lost or missing tools. i called them back to let them know that they needed to issue me a new check. i told them that lawfully they could not take the money out of my check for those tools. they were unsure, and it took them a minute before they agreed to give me another check. i get there to receive the check and they tell me that i can keep the check that they already gave, and that she just got off the phone with her lawyer and he said that it was not unlawful of the company. i didn't back down, it went to the point were she said if i want that money, then i'm going to have to take it to court. before i walked out of the door i told her it won't cost me any money to take it to court, all i have to do is report this to the KDoL. AND then said i would be back tomorrow to get my check(tomorrow is my last regular payday), then left.

i just want to be assured that i am right in the situation. This incident is not consuming me anymore, i've have calmed down and appreciate everyone who told me that i needed to calm down. you all were right, before to long, i'll have other problems of life to deal with, and i don't need to keep old issues active.

i believe that it would be in good will, to replace the tools. I just want to make sure the company knows, and or, is warned about staying inside their legal boundaries.

i have not cashed my check yet, is it enough that the deduction is noted on the paystub, or do i need to save the whole check also. would a copy be sufficient?

also, i did sign a lot of paperwork when first hired, those are the documents i was trying to get out of the compan. they never told me this, but i'm asking because this could affect your imput. if i did sign paper that stated that i would be held responsible for lost items, does that give them right to withhold the money, or do they then have to initiate lagal action against me?

the owner has agreed to let me try to find the tools and replace them myself, and then he would give me money back. i did not accept this, i then told him that they needed to pay me my earnings, but yes, i will look for the tools that are lost, i will replace them, i want the opportunity to look for used tools and replace them. he never agreed to giving me the earnings, but has no problem with me wanting to look for used tools to replace them with. he stated that he neede to replace the tools for the next guy who gets the truck, he doesn't have time to look for used equipment, so he bought everything new. he also agrees that none of the equipment i was using was new, and that i shouldn't have to replace them with new.

thank you, i know its long but there is more to this than questions, there is also content. your time for reading and putting forth effort into justifying the situation is very appriciated, god bless you for your efforts.

I just don't know to express the gratitude i have for your site. thank you,

oh yeah, is there anyway to get company records. i'm trying to find out if they have ever paid anybody unemployment. the buisness has exested for 30 years, and the longest an employee has ever stayed is three years. certainly someone has filed claim against them before, i would like to know if the determination has ever been in favor of the employee. i ask because they completely fabricated statements, turned them into UC. I beleive that there false statements are the only thing that can turn the UC's determination in their favor.

thank you, thank you, thank you, thank you, thank you,.

**Pattymd** · 09-30-2005, 01:26 PM

The state pays unemployment, not the employer. Some UI benefits are charged to the employer's account and some are not. I don't think this is public knowledge. Nor do I believe you have the right to ask for this company-specific data.

**Derailment** · 09-30-2005, 01:42 PM

ok, but what about the withheld earnings, am i right in the situation?

the owner of the company is the only person who shows concern that his manager( his son), and his accountaint (his wife), are fabricating evedence, and holding a grudge. But, on the other hand, who is willing to go against what their family is telling them. He may be Naive, but he's a good man!

**Pattymd** · 10-01-2005, 05:47 AM

Your paycheck cannot be withheld pending return of company equipment.
http://www.dol.ks.gov/es/html/wfaq_DEE.html

Here is the law about deductions from pay:

44-319. Withholding of wages. (a) No employer may withhold, deduct or divert any portion of an employee's wages unless: (1) The employer is required or empowered to do so by state or federal law; (2) the deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employer's books; or (3) the employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee.

http://www.kslegislature.org/legsrv-...?number=44-319

You've been playing around too long with this. Just file a wage claim with the state DOL and let them sort it out. It's free, and that's what they're there for. This page tells you how to get started.
http://www.dol.ks.gov/es/html/wage_DEE.html

**mary jane** · 10-01-2005, 10:36 PM

Is there anything I can do?

I do apologize for the change of topic here, but I have a question. I have been working for a subway for almost 10 months and I have never been offered a 30 min lunch or a 10 min rest break . I work at leats 7 hours a day and I need some help to figure this one out. If there is anyone who will reply with a helpful tip I will be greatfull. thanks

**Pattymd** · 10-03-2005, 03:21 AM

Mary Jane, assuming you are also in Kansas, the state does not require breaks or meal periods for non-minors. See here:
http://www.dol.ks.gov/es/html/laws_RES.html

Announcement

what's legal for them?? need feedback times ticking

what's legal for them?? need feedback times ticking

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