2 weeks notice and withholding check

[strytus]

What is the name of your state? PA

I've always heard rumors of this and just wanted to make sure if it's true or not. I've been told by my parents and friend's parents, but it sounds illegal. For instance if you left a job without giving any notice or just quiting, is it possibly to still receive your last check? I've heard from a lot of old-school people stating that if you don't give an employer a 2-weeks notice, they have the right to hold/take your check from you? Is this an old rule, an existing rule, or just a rumor.

Thanks in advance,

 

[mlane58]

What is the name of your state? PA

I've always heard rumors of this and just wanted to make sure if it's true or not. I've been told by my parents and friend's parents, but it sounds illegal. For instance if you left a job without giving any notice or just quiting, is it possibly to still receive your last check? I've heard from a lot of old-school people stating that if you don't give an employer a 2-weeks notice, they have the right to hold/take your check from you? Is this an old rule, an existing rule, or just a rumor.

Thanks in advance,

Just a rumor. It is illegal for any employer to withold final wages due any employee. Giving notice is a professional way to leave an employer but every state except Montana (Evene Montana at times is at-will) is an at-will state meaning the employer can fire you for anything they like as long as it doesn't violate the law (Title VII).

 

[cbg]

Just to clarify where the rumor may have initiated;

As mlane says, there are no circumstances under which an employer can fail to pay you for hours you actually worked. However, the employer is not required to pay for an unworked notice period (regardless of whether the employer or the employee decided that the notice would be unworked); the employer is not required to pay an exempt employee for that part of the final pay period that was not worked; and in PA, the employer is not required to pay for unused vacation time unless company policy specifically says they will, and then only under the conditions that the policy says. So if there is a policy that says unused vacation will not be paid unless the employee gives two weeks notice, the employer does not have to pay vacation time.

But there is NO situation in which the employer does not have to pay you for time you actually worked.