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holding back 2 weeks pay

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Kathyzec

Junior Member
What is the name of your state (only U.S. law)? Delaware

I have been on unemployment and will be going back to work on the 1st of the month, (for the state) they will be holding back my first 2 weeks of pay, so I will not get a paycheck until the end of February and it will be for 2 weeks only. Can I collect unemployment for the 2 weeks that they are holding back.
 


Beth3

Senior Member
No. Your employer is not "holding back" wages. What you are referring to is the regular payroll cycle lag-time. e.g. Work this week, get paid for it the next. This gives the employer the opportunity to enter the actual hours worked the prior week into the payroll system, along with any other changes that occurred. Apparently your employer pays every two weeks/semi-monthly for the prior two week period. That's pretty common.

You will be EARNING wages for the two week period you refer to, even if it's not paid out for a week or two. If you try to claim UC benefits for those two weeks, the State will think you are attempting to engage in fraud.
 

pattytx

Senior Member
Delaware law requires only that you be paid no less frequently than monthly, but no more than 7 days following the end of the pay period. So, in order to know whether what you describe is legal or not**************..

1. How often will you be getting paid, monthly, semi-monthly, biweekly, or weekly?
2. When does the pay period end in relation to the date you will start work?
 

commentator

Senior Member
Each week you file for your unemployment after the week being paid has passed. The question you answer each time is some variety of, "Did you do any work during this week for which you have been paid, or WILL BE PAID?"

You are eventually going to be paid for these first two weeks. If you try to claim them on unemployment, it will be fraud, and due to payroll reporting, crossmatching, etc., you will definitely be caught doing it and forced to pay the money back, possibly with penalties because it is true fraud, where you attempted to deceive by falsifying your weekly certification.
 

pattytx

Senior Member
However, until the OP comes back and answers my questions, we're not sure that the payday law in her state is being violated.
 

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