Q: what should I do when an employee refuse payment but claims you the employer refuse to pay them?
.
A:
You cannot withhold the final paycheck to an employee for ANY reason. The time to get signatures on documents was when they were an employee, not after termination. She has no legal duty to sign anything after she is terminated.
You are likely going to be liable for Waiting Time Penalties of one day of pay for each day the employee is made to wait for the final check that should have been provided at the time of the termination.
Good luck to you.
Brad S Kane agrees with this answer
A:
You need to pay the former employee as soon as possible. You always get the information needed to pay employees as part of the onboarding process.
You need to document your efforts to pay. You should send the money via direct deposit or certified mail.
You will be responsible for waiting time penalties equal to 1 day's pay for each day late up to a max of 30 days.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
