Can they do this?

Sassafras

Sassafras

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I admit I made a mistake and I think what happened was the CMN was given to the destination facility on a very busy day. We ended up back at the station at 04:00 and I chose to do the last trip sheet at home. Super emails next day asking for both telling me I needed prior approval to dotrip sheet at home. In orientation I was simply told to use this option sparingly and get it done within 24 hours. I explained what I understood and trip sheet was submitted long before time limit. CMN still missing so I called next day to see if I should come in and track one down from facility. Super says it was taken care of.

I come in today and find that my paycheck has been witheld and no one has communicated why. I know the policy says missing paperwork says they will be with held but I'm wondering about the legality of this policy especially when I was not informed of what the issue was. My understanding was that all missing forms were located 5 days ago.
 
I wouldn't have left until I got my paycheck.

And going forward, I'd make sure my paperwork was completed before I left for the day.
 
(Disclaimer: Not a lawyer and don't claim to be one. Get your legal advice from someone who's passed the bar)

Generally they can't hold your paycheck, they have to pay you for your work. State labor boards get testy about this. They CAN take you off the schedule and prevent you from working anymore.
 
Pay day was yesterday. I have not been scheduled to work since the event in question a week ago.
 
We are non union and it's Sat. Sosuper isn't even in today. He did say he would come in later this evening on his time and get my check if I can locate the CMN. Hopefully the destination still has it. I remember getting it.
 
usalsfyre said:
(Disclaimer: Not a lawyer and don't claim to be one. Get your legal advice from someone who's passed the bar)

Generally they can't hold your paycheck, they have to pay you for your work. State labor boards get testy about this. They CAN take you off the schedule and prevent you from working anymore.
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What he said. A phone call to Wage and Hour should be able to confirm this for you.
 
In Maryland, employers are required to set a pay schedule of no less than every two weeks, or alternatively, twice a month. Additionally, employers are not permitted to withhold pay without signed authorization from the employee. Bear in mind that signed authorization is sometimes obtained at the start of employment, often without the employee really being told what it is; it can be one of many forms a new hire is asked to sign at orientation, along with tax forms and all the other stuff. If the new hire isn't paying attention, they might sign it without realizing what it was.

Of course, each state is different. You can probably find your state's wage and hour and pay laws on your state government's website, as well as how to file a complaint with the appropriate agency.
 
JJR512 said:
In Maryland, employers are required to set a pay schedule of no less than every two weeks, or alternatively, twice a month. Additionally, employers are not permitted to withhold pay without signed authorization from the employee. Bear in mind that signed authorization is sometimes obtained at the start of employment, often without the employee really being told what it is; it can be one of many forms a new hire is asked to sign at orientation, along with tax forms and all the other stuff. If the new hire isn't paying attention, they might sign it without realizing what it was.

Of course, each state is different. You can probably find your state's wage and hour and pay laws on your state government's website, as well as how to file a complaint with the appropriate agency.
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this is a new policy so as f as I know no one has signed a waiver.
 
The moment you go to the wage and hour folks, you don't have a job and you're black-balled. It'd be wiser to find the dog gone document and get the check. Sounds like they may have withheld more than just a check already anyway! Good luck to ya............
 
rescue99 said:
The moment you go to the wage and hour folks, you don't have a job and you're black-balled. It'd be wiser to find the dog gone document and get the check. Sounds like they may have withheld more than just a check already anyway! Good luck to ya............
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At least in Maryland, en employer is prohibited by law from terminating an employee because they filed a complaint to the labor board. Of course, that doesn't mean that it doesn't frequently happen that an employee who complained gets "coincidentally" terminated for "some other" reason not long thereafter, but a wise employer should make sure it's a damned good reason. That includes making sure, with documented evidence, that all appropriate steps are taken.

For example, suppose you've filed a complaint, then you're late to work one day the next week (by, say, five minutes), and you get terminated, with the official reason being because you were late. Well, if the employee handbook says your first lateness will get you a written warning, then your next lateness will get you a suspension, and your third lateness will get you terminated, and this is your first lateness, then you now have cause to make another complaint to the labor board, one for improper termination. This can be grounds for a lawsuit as well.

So there's always a risk, and it's always a choice each person needs to make when they're in a situation that they feel their employer has done, or is doing something wrong, and there is a legitimate complaint that can be made. Do you make the complaint and risk being fired? Even if you're not fired, you may find you're getting crappy assignments, or given the partner nobody else wants to work with because he stinks, can't drive, never shuts up and is incompetent. On the other hand, if you just bend over and take it, the employer is going to feel free to keep screwing you and everyone else there now and in the future. Nothing is going to change until someone has the guts to make it change. Whether a person has the guts or can afford that risk is something each person needs to decide for themselves, weighing the risks of trying against the risks of not trying.
 
Also, you don't have to file a complaint against your employer to call Wage and Hour and ask, "Is it legal for my employer to withhold my paycheck?"
 
Usually its seven days, since most places pay one week in the rears, their withholding monies from work obligation that's already been fulfilled.

Sounds like private company bs. You can say what you want about unions but my paycheck has always been there.

They are probably betting on your ignorance in the situation, a little whisper that your aware their not legally able to withhold your pay should do the trick. If not go see a lawyer, his phone call and threat s to look into all their business practices should get your paycheck to you in a matter of hours.

Be aware these at will work states will probably just let you go if you make a scene and leave you with no recourse.

Or you could just get the paperwork in.

Good luck.
 
From the original post...
Sassafras said:
CMN still missing so I called next day to see if I should come in and track one down from facility. Super says it was taken care of...My understanding was that all missing forms were located 5 days ago.
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From a subsequent reply...
Sassafras said:
He did say he would come in later this evening on his time and get my check if I can locate the CMN. Hopefully the destination still has it. I remember getting it.
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If it was "taken care of" and the missing forms were already located, according to the original post, why is it still missing in a later reply? If the supervisor told you that all forms were located, but now they're saying there's still something missing, you need to tell them that anything missing is now the company's problem, since according to the supervisor, they had everything at one point.

And as CAOX3 mentioned, you should tell your supervisor, "Thanks for giving me some extra time off this week, I really needed it to consult an attorney and speak with the people at the Labor Board." ;)
 
There us no need to go to the labor board yet. I can't get into too much detail as I dint feel it appropriate. Sort if like workplace HIPAA. It's my own code of ethics since the Internet is so public. Regardless there was some miscommunication but I was able to get the form by contacting facilities today. Super says I can pick it up any time tomorrow. I did indicate more communication is needed in these cases so people aren't taken off guard thinking everything is ok when it's not. I don't like the policy but my bigger beef was no one informed me there was an issue until it was too late. Thankfully it has been remedied. Well, I hope so anyway. I'll find out tomorrow.
 
Generally speaking company can't hold your paycheck. What they can do is suspend you indefinitely depending on your state law. In state such as California(at will state) you can be fired for any reason with exception of protected status, sexual orientation, age etc. In right to work states, from my understanding they need to have proof that you violated company policy before you can be fired.

I am from at will state, so what my knowledge about right to work state is not that great. However, definitely they can't hold your paycheck that is a big no, no.
 
CAOX3 said:
Sounds like private company bs. You can say what you want about unions but my paycheck has always been there.
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Strange. 2 different ambulance companies (in 2 different states), a water park, and 2 different locations at a movie theater chain and I've yet to either have missing time from my paycheck or problems getting my paycheck. Strange, none of those 5 locations required me to support a union.
 
JPINFV said:
Strange. 2 different ambulance companies (in 2 different states), a water park, and 2 different locations at a movie theater chain and I've yet to either have missing time from my paycheck or problems getting my paycheck. Strange, none of those 5 locations required me to support a union.
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I have to agree with this.

But I also never took work home with me. If I had a late call or a bunch of calls, I stayed at work on the clock until the work was completed. Does it sometimes pset your plans and other obligations? Of course, but what can I say, welcome to the emergency field.

I do not support unions, but I also think work needs to stay at work. Never work off the clock for something that should have been completed on it.
 
JPINFV said:
Strange. 2 different ambulance companies (in 2 different states), a water park, and 2 different locations at a movie theater chain and I've yet to either have missing time from my paycheck or problems getting my paycheck. Strange, none of those 5 locations required me to support a union.
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So don't support one, but don't suggest it doesn't happen, this is a perfect example. Unions have their downfalls but getting paid isn't one of them.
 
Well the incomplete work was not why my check was held. And ordinarily I'd agree work stays at work. It's how I deal with my volley unit but after getting called in and running scheduled transports for 14 hours straigh with no break I was past exhausted considering with my other non ems job I had been awake for 48 hours at that point. Poor choice yes but there comes a point where I can no longer think in straight sentences and my trip sheets end up a mess as a result. It's sad to go back and read them later and I end up editing them so they make sense. But as I said that was not the issue with the hold up. The missing CMN was the hang up. It's been located and my check was there as promised so it all worked out.

Regarding what type of state we are, I think we are not a right to work state so it's not something I wanted to deal with rudely. I'm a firm believer that good communication solves a lit of issues and we didn't have it this time but with more discussion we were able to figure it out. I just hope it was in time to pay my bills on time.
 
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