withhold wages

[LONDONDERRY]

What is the name of your state (only U.S. law)? MA

I gave a two week notice to my company so on 07/09 will be my last day. I signed and turned in my exit interview letter, now I'm being told that if I don't do X or Y task before my last day my employer is going to withhold my last paycheck Can they do that? I'm salary btw

 

[Antigone*]

What is the name of your state (only U.S. law)? MA

I gave a two week notice to my company so on 07/09 will be my last day. I signed and turned in my exit interview letter, now I'm being told that if I don't do X or Y task before my last day my employer is going to withhold my last paycheck Can they do that? I'm salary btw

What is the X and Y task they are asking you to do? When is the payday related to your last day worked?

 

[LONDONDERRY]

They want me to sort through a few thousand computer file, a lot of work for two days and I don't know if I can finish it by July 9th. Payday is July 19th

 

[swalsh411]

Employees must be paid for time worked regardless of their productivity level.

Come back if you don't get paid on time and for all time worked.

 

[OHRoadwarrior]

Quit earlier if you don't want to do the work you are assigned to do.

 

[cbg]

They cannot withhold pay for time actually worked. However, they are not obligated to pay you for any time past the last day you actually worked, even if you are paid on a salaried basis and even if you gave notice.

 

[TinkerBelleLuvr]

She says salary, but somehow, I think she is a non-exempt employee.

 

[LONDONDERRY]

I'm a exempt salary male employee

 

[cbg]

Doesn't change the answer (and MA is my state).

You MUST be paid for the time you work. Nothing in either Federal or Massachusetts law requires that you be paid for any time beyond the last day you actually worked. Even an exempt employee can legally be paid only for hours worked in the first and last week of employment. NO state requires that any employee, exempt or non-exempt, be paid for unworked notice time. There is only one state, and MA is not that state, that ever requires an employee to be paid for any time after the last day of employment.

Whether you want to stay and go through the computer files is between you and the employer. No law requires that you do so. If you do, you must be paid for the time. If you are not paid appropriately, there is legal action you can take. Appropriate means being paid for the time that you actually worked and does not include unpaid notice time or the balance of the pay period (if different). But the employer is violating no laws in asking you to do the work, and until they ACTUALLY withhold your paycheck they have no violated any laws by threatening to do so either.