Can my employer stop a weeks money for not working my week notice if I left due to intimidation ?

Question

Let me explain I left work at the begining of July,handed my uniform in and told the supervisor I won't be returning he knew all about the intimidation and failed to do anything about it.I would have told my employer only he was on holiday for 2 weeks.I am owed for 96 hours work which should have been paid to me at the end of july,but instead of getting paid Igot a letter saying I was having a weeks money stopped and I have to sign an authorisation letter for final settlement payment so I will only get paid for 66 hours work instead of the 96 that is owed to me, (I only did a 30 hour week) Because I wasn't prepared to put up with the intimidation for another week, I never worked my weeks notice

a friend of mine suggested I go for a constructive dismissal,which I can't do because I hadn't work there for 12 months,so its a matter of can he legally do this? And do I just sign it and accept the 66 hours, instead of the full 96 hours owed?

Answer 1

LEGALLY IF YOU WORKED THAT WEEK THE CHECK IS FOR THEY CAN NOT HOLD IT BACK NO MATTER HOW MUCH NOTICE YOU GAVE, BUT GETTING A LAWYER MIGHT COST MORE THAN THE CHECK, SO TAKE THEM TO SMALL CLAIMS COURT!!

Answer 2

John M. beat me to it, but I actually was going to ask what state you were in. In some cases this can be legal, although it's hard to tell without knowing what you do and what state you're in.

Answer 3

The number of nincompoops and "law students" answering this question in capital letters, without asking what state you are in, is really quite astonishing.  Any first year law student would be aware that each state gets to make its own labor laws (you know, democracy and stuff?), and would further condition their response to the existance of an employment contract.

Provisions in employment contracts requiring notice be given prior to quitting employment, and providing for the witholding of wages, are allowed in some states and not in others.  You should check with your state's labor department or state attorney general's office.

If you did not have a written emplyment contract specifically requiring notice be given, then it is a safe bet that the wage forfeiture was illegal.  If there was such a provision in an employment contract, then you must check with the state to see if wage forfeiture is allowed.

If we assume that wage forfeiture for failing to give notice of intention to quit is allowed in your state, then you must prove in court that you were intimidated into leaving and therefore did not quit of your own volition.

Answer 4

In your area, the Feds will have a local office called the Department of Labor. Walk in and be interviewed. It's all free. Your employer will get a phone call and letter demanding all that was involved with your leaving. Good luck and do it. If you don't, then the next person gets intimidated and on and on.

Answer 5

Technically if you didn't work, they don't have to pay you.

You have to prove intimidation.  

Answer 6

No way.  You must be paid for the time worked.

Answer 7

Regardless of your "reasons" for leaving, if you fail to work you will not be paid.  You can however, file a grievance with the local labor board to force him to pay.

Answer 8

if you worked these hours then no however if you left for a week there is no grounds requiring them to pay you for a week you were not there

EDIT

After reviewing your additional information it is the employers responsibility to provide a safe and stable work environment. Human Resources would be who you need to talk to, if they are unwilling to help acquire a lawyer to help settle the argument. Just so you are aware the two weeks notice is a nice thing to do it is not required. If I wanted to I could just quit and the employer will have to pay me for my time. Unless you were classified as a contractor then your situation hits the fuzzy area that you will have to settle in small clams court.

Answer 9

Under the law, (Universal Commercial Code,  valid in 49 states)  a violation of one part of a contract does not void the entire contract.   You chose to use resignation to deal with the intimidation.   Unfortunately if you resigned and did not meet the terms of your contract,  then he can enforce the remainder of the contract....

You should have filed a suit in regards to the intimidation rather than taking matters into your own hands and resign in a manner that broke the contract.   He can enforce the remainder of the contract and pay you only for the 66 hours as allowed under the contract...

But you can still sue for the intimidation.  However unless it was in regards to race, color creed, sexual orientation, etc,  you will be unable to do much in court and all it will do is cost you money.

Take the 66 hours and next time before you go and resign and walk out,  read your contract.  

(If you are in the one state that does not use the Universal Commercial Code,...Louisiana. I can not help you.  ))

Answer 10

If you worked the week they have to pay you if you did not work you do not get paid. & no labor board is going to make them pay you if you did not work. You only can seek pay for time worked.

Answer 11

yes, he can if u left without giving notice and working during the notice period

Answer 12

Why would you think that you would get paid for not working???  

I am assuming you are suing the company for this and you made a police report, correct?????  Since you did say that someone intimidated and, which is against the law and this intimidation MADE you fearful, scared, etc. so you HAD to stop working, correct????

No, you will NOT get paid!

Answer 13

If you worked, you MUST be paid for that work no matter what. END OF STORY.

But I'm not sure if you are saying that you DID work and are not getting paid or if you left early and expect to be paid for that week.

But either way, my answer stands... IF you worked, you must be paid, if you didn't work, you don't get paid.