Question:

Is it legal for an employer to do this?

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my fiancee' has been off work since wendsday because he has a severe sinus infection form the concrete dust and formoil and things he injests at work on a daily basis and went to the doctors and the doctor took him off work until tuesday of next week. (he has a doctors note)well today is friday and it's payday and my fiancee' went to get his check and the secretary said that she was leaving but his boss wanted to talk to him before he got his check. well my fiancee' has tried to get ahold of his boss twice and left two messages and he won't return his calls. (my fiancee' said that all day at work his boss is continously answering his phone) since he works in construction and the hours vary sooo much how should we know when to meet him at the shop and is his employer aloud to do this when everyone else has recieved there pay? any help is appreciated...thank you in advance!

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7 ANSWERS


  1. They can't hold his check from him if he goes to get it.


  2. There are laws that must be followed. Call your state employment office now, they can direct to the department that deals with employer antics like the one you are experiencing.

  3. He should  be paid on the regular payday for whatever time he has worked.  But after that, if his employer fires him, that's legal.

  4. as a member of the construction industry, your fiancee needs to suck it up and go to the shop and talk to his boss and get his check, his boss wants to talk with him and probably check that his condition and what not is genuine and make sure there nothing fishy going and to fill out the appropriate forms and what not,i see nothing illegal here...and if he is injesting formoil and that much concrete dust he needs to learn to wear a dust mask

  5. I run a company and if I have employees that call out with out a doctors note they pick their payday, if they call out with out an excuse then checks are picked up monday.. However he has a vaild excuse, but it sounds like there is something going on more then what is being said, and the boss may have had to work due to an employee being out.. and take a drive to his work?

  6. They can not withhold pay for all hours worked, if he does not have sick time or paid time off they are not required to pay him for days missed. I would ask you - how does his payroll cycle run? Is today's check to pay him for all hours worked through last Friday? Normally the checks run one pay period behind so he should have a check if he worked the previous pay period. I would also ask, if the boss was not in the office when he went in to pick up his check could he have gone to the site or called the boss from the office before leaving to find out when he could meet up with him to get his check?

  7. He cannot withhold his paycheck.  

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