• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can my employer hold back my first week of pay and then not pay me it when I quit?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

EMorgan

Junior Member
What is the name of your state (only U.S. law)? Alabama
I started working for a small family owned coffee shop a little less than a year ago. When I started on a monday we were in the middle of the pay period. That friday everyone else got paid but I didn't. Okay.. understandable, most places are a week behind or a week in "arrears". Well the next pay period rolls around and I at this point had been working there 3 weeks and I was paid for 1 week of pay. I was told that the first week of pay would be held back until I quit or got fired. I had never heard of this ( Ive had several other jobs at much larger companies and they never did this). So I asked my boyfriend and he said it isn't common but some places do this. I accepted that even though I wasnt happy about it.

Anyway, I quit last friday and I told my boss that I was never paid for the first week and he said "it will be on there, we have it documented". Well lo and behold its not on there. I said something to him about it and he said something about oh its because we are a week behind (way to state the obvious...). I said "That's common sense but you held back a week of my pay in the beginning." They just keep talking about how we are a week behind which I already knew that because thats how every place Ive worked has been. Well now they are denying ever holding back that first week. Its like no one remembers that they held back my first week or they do and they are just trying to screw me over. I found another job and quit because they basically have no idea how to run a business or how to treat employees. They have no clue what OSHA is or what the laws are whatsoever. It is the worst ran business I have ever seen in my life. Anyway, What should I do to get them to pay me? At this point it is just the priniciple, I worked those hours and I should get paid for them. Any feedback is much appreciated.
 


DDDDDD

Member
What is the name of your state (only U.S. law)? Alabama
I started working for a small family owned coffee shop a little less than a year ago. When I started on a monday we were in the middle of the pay period. That friday everyone else got paid but I didn't. Okay.. understandable, most places are a week behind or a week in "arrears". Well the next pay period rolls around and I at this point had been working there 3 weeks and I was paid for 1 week of pay. I was told that the first week of pay would be held back until I quit or got fired. I had never heard of this ( Ive had several other jobs at much larger companies and they never did this). So I asked my boyfriend and he said it isn't common but some places do this. I accepted that even though I wasnt happy about it.

Anyway, I quit last friday and I told my boss that I was never paid for the first week and he said "it will be on there, we have it documented". Well lo and behold its not on there. I said something to him about it and he said something about oh its because we are a week behind (way to state the obvious...). I said "That's common sense but you held back a week of my pay in the beginning." They just keep talking about how we are a week behind which I already knew that because thats how every place Ive worked has been. Well now they are denying ever holding back that first week. Its like no one remembers that they held back my first week or they do and they are just trying to screw me over. I found another job and quit because they basically have no idea how to run a business or how to treat employees. They have no clue what OSHA is or what the laws are whatsoever. It is the worst ran business I have ever seen in my life. Anyway, What should I do to get them to pay me? At this point it is just the priniciple, I worked those hours and I should get paid for them. Any feedback is much appreciated.
Your 1st week should have been documented and paid to you the 2nd week, the 2nd week is paid the 3rd, etc... So your last paycheck should show the hours worked the week before you quit, and, the final paycheck should show the hours worked your last week.
 

pattytx

Senior Member
If she can document that she was NEVER paid for week one, then she can file a claim for unpaid wages with the federal Dept. of Labor NOW. She doesn't have to wait until she quits, although she can.

It's possible, though, that with a biweekly payroll, they were paying TWO weeks in arrears, not just one. Alabama has no laws addressing the frequency of pay nor the lag time between the pay period ending and the pay day. Federal law doesn't specifically either, only that employees must be paid on a "regular basis", generally speaking no less frequently than monthly.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top