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Employer threatening to withhold wages

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76salah

New member
What is the name of your state?
Nevada

I forgot to clock out my last shift. The owner of the store I work at texted me saying if I do that again I just won’t get paid.
1. Is there anything I can file against them?
2. If I or any employee at this store does not get paid for forgetting to clock out, is that legal?
 


cbg

I'm a Northern Girl
There is nothing you can "file against them" at the present time. IF at some future time you do not get paid for time you actually worked, you can file a wage claim with the state.

It is not legal to withhold pay if you forget to clock out. But it is legal to fire you for forgetting to clock out.
 

76salah

New member
There is nothing you can "file against them" at the present time. IF at some future time you do not get paid for time you actually worked, you can file a wage claim with the state.

It is not legal to withhold pay if you forget to clock out. But it is legal to fire you for forgetting to clock out.
If that ever happened/happens with an employee, how would one go about filing? Call corporate, or the BBB?
 

LdiJ

Senior Member
What is the name of your state?
Nevada

I forgot to clock out my last shift. The owner of the store I work at texted me saying if I do that again I just won’t get paid.
1. Is there anything I can file against them?
2. If I or any employee at this store does not get paid for forgetting to clock out, is that legal?
There is nothing you can file against him because he hasn't actually not paid you. If and only if he doesn't pay you, you can make a wage claim with the Department of Labor. Most likely he was making an idle threat because he is fed up with people forgetting to clock in or out.
 

76salah

New member
Also, an employer threatening to do something illegal like withholding your wages isn’t file-worthy?
 

cbg

I'm a Northern Girl
If that ever happened/happens with an employee, how would one go about filing? Call corporate, or the BBB?
The BBB is a consumer protection agency and does not handle employer/employee complaints. You could start with corporate, and if you don't get any satisfaction there, there's always this: http://labor.nv.gov/About/Forms/FORMS_FOR_EMPLOYEES/

No. An employer threatening to do something illegal like withholding your wages is NOT file-worthy. There's nothing illegal about threatening. He hasn't violated the law until he actually doesn't pay you.

And of course, you realize that all you need to do to avoid the whole problem is to clock in and out like you're supposed to, right? I mean, that's pretty basic.

And did you miss the part where, while he can't legally withhold pay, he CAN FIRE you?
 

LdiJ

Senior Member
Also, an employer threatening to do something illegal like withholding your wages isn’t file-worthy?
No, its not. A threat to do something like that is not actionable. They have to actually follow through on the threat.
 

PayrollHRGuy

Senior Member
Actually, if you fail to clock in and out properly an employer is not going to get into trouble for delaying your pay. He could also simply fire you for not following instructions.
 

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