il/legal to withhold pay if you don't give 2 weeks notice?

BeautyFromPain
BeautyFromPain Posts: 4,952 Member
in Chit-Chat
I started my new on Monday, only being told on Friday that was when they'd like me to start, so I quit on the spot but found people to do my shifts for the next 2 weeks. I was meant to be paid on Wednesday and they have withheld my pay... Is that legal???

Replies

  • nmb1983
    nmb1983 Posts: 34
    Not sure where you are but in California, if you quit without notice they aren't required to pay you until the next normal payday. Whereas if you were terminated they have (I THINK) 24 or 48 hours to pay you.
  • Pebble321
    Pebble321 Posts: 6,423 Member
    Oh, what a pain..... I think it will depend on what your contract says - do you have a copy?

    You might find some helpful info or contact here:
    http://www.psa.labor.net.au/publications/files/RightsatWork.pdf
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    Not sure where you are but in California, if you quit without notice they aren't required to pay you until the next normal payday. Whereas if you were terminated they have (I THINK) 24 or 48 hours to pay you.

    The "normal payday" is Tuesday night/Wednesday morning. It is now Thursday afternoon.
  • KaidaKantri
    KaidaKantri Posts: 401
    I suppose it would depend on your state's laws. In Oregon if you get fired they have to pay you everything right then. If you quit, they still have to pay you, but they can wait until the normal payday to pay you. Find out what your state laws say, and show it to them if they aren't giving you your money.
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    "You are also entitled to be paid any outstanding pay and accrued leave entitlements." is what the site says so technically they have to pay me?
  • Pebble321
    Pebble321 Posts: 6,423 Member
    "You are also entitled to be paid any outstanding pay and accrued leave entitlements." is what the site says so technically they have to pay me?

    I imagine so - I don't see how they could justify holding onto pay for days that you have already worked.
    Unless your contract has a line saying something like "2 week notice required or you will forfeit last pay". I just don't know enough about the legalities to know if they can even do this.

    First step I would take is to ring them up and query "when will I be getting paid for my last xxx shifts and my accrued annual leave" (if you get AL - again, check in your contract).

    If this doesn't get you a straight answer, call one of those hotlines and they should be able to give you some specific advice.

    Or go straight to the Fair Work Ombusdman- 131394
    http://www.fairwork.gov.au/pages/default.aspx
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    "You are also entitled to be paid any outstanding pay and accrued leave entitlements." is what the site says so technically they have to pay me?

    I imagine so - I don't see how they could justify holding onto pay for days that you have already worked.
    Unless your contract has a line saying something like "2 week notice required or you will forfeit last pay". I just don't know enough about the legalities to know if they can even do this.

    First step I would take is to ring them up and query "when will I be getting paid for my last xxx shifts and my accrued annual leave" (if you get AL - again, check in your contract).

    If this doesn't get you a straight answer, call one of those hotlines and they should be able to give you some specific advice.

    Or go straight to the Fair Work Ombusdman- 131394
    http://www.fairwork.gov.au/pages/default.aspx

    I never actually got a copy of the contract :S
  • Pebble321
    Pebble321 Posts: 6,423 Member
    OK, so if you don't have a copy of the contract, I think the best thing is to take the direct route and call them and ask why you haven't been paid this week.

    If they state that it's because of not giving notice, ask them to email a copy of their policy to explain this.
    Once you have this (or if they refuse), call the Ombudsman and they should be able to tell you about the legalities.

    Good luck, I hope it gets sorted out quickly.
  • Bahet
    Bahet Posts: 1,254 Member
    They can't not pay you for the time you worked. They can make you wait until the next pay period. Some companies also mail out the last check instead of having it picked up. Call and ask.
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    OK, so if you don't have a copy of the contract, I think the best thing is to take the direct route and call them and ask why you haven't been paid this week.

    If they state that it's because of not giving notice, ask them to email a copy of their policy to explain this.
    Once you have this (or if they refuse), call the Ombudsman and they should be able to tell you about the legalities.

    Good luck, I hope it gets sorted out quickly.

    Okay, thanks.
    Gonna swing by after work to talk to them :)
  • MzBug
    MzBug Posts: 2,173 Member
    It would also depend on how your pay periods run. Most companies I have worked for paid people bi weekly with a 1 week lag. What ever we worked for a 2 week period, we would get paid at the end of the third week. Payroll processing time, and time to make adjustments for vacations, sick time, and time for them to figure out if any that quit owed them for misc stuff (uniforms, pre used vacation time etc.) and to calculate any vacation time that needed to be paid out. If you quit at the end of the first week of payroll you would still have to wait until the end of the third week to get paid. Good luck!
  • coliema
    coliema Posts: 7,646 Member
    I'm not sure. You should have asked your new job if they could wait two weeks, it always looks good when you give a two weeks notice instead of quitting, because then it looks like you might just drop the new job without giving notice.

    I think it depends on where you live if it's illegal, I don't think they can do that though.
  • ironanimal
    ironanimal Posts: 5,922 Member
    They have to pay you for the time you worked. I can't imagine Australia is drastically different to the UK.
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    It would also depend on how your pay periods run. Most companies I have worked for paid people bi weekly with a 1 week lag. What ever we worked for a 2 week period, we would get paid at the end of the third week. Payroll processing time, and time to make adjustments for vacations, sick time, and time for them to figure out if any that quit owed them for misc stuff (uniforms, pre used vacation time etc.) and to calculate any vacation time that needed to be paid out. If you quit at the end of the first week of payroll you would still have to wait until the end of the third week to get paid. Good luck!


    It is weekly, I only went on holidays couple weeks ago so got that paid out then plus had to pay for the uniform.
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    I'm not sure. You should have asked your new job if they could wait two weeks, it always looks good when you give a two weeks notice instead of quitting, because then it looks like you might just drop the new job without giving notice.

    I think it depends on where you live if it's illegal, I don't think they can do that though.

    I did.
    They couldn't.

    The main guy is going on holidays next week so they wanted me to start this week for training then next week I'm on the floor by myself.
  • MrsLVF
    MrsLVF Posts: 787 Member
    Have you talked to the payroll department? Do you get direct deposit? Typically your last check is not direct deposit, it is mailed to you.
  • BeautyFromPain
    BeautyFromPain Posts: 4,952 Member
    Have you talked to the payroll department? Do you get direct deposit? Typically your last check is not direct deposit, it is mailed to you.

    I get my payslips emailed to me.
    The payslip shows that the money was minused and the net is 0. He has also done this to 3 other people within this business.
  • TinaIsTrying
    TinaIsTrying Posts: 9
    I'm pretty sure that they have to pay you upon request. But at the very least on your normal payday. Call your HR department and threaten a lawsuit. If there is no HR department, then call the highest level manager you can get to and tell them you want your paycheck TODAY or you will be contacting an attorney.

    You are entitled to be paid for what you worked. They cannot withhold it.
  • ironanimal
    ironanimal Posts: 5,922 Member
    Have you talked to the payroll department? Do you get direct deposit? Typically your last check is not direct deposit, it is mailed to you.

    I get my payslips emailed to me.
    The payslip shows that the money was minused and the net is 0. He has also done this to 3 other people within this business.
    That sounds HIGHLY illegal. He can't just pay you $0 per hour.
  • TylerJ76
    TylerJ76 Posts: 4,375 Member
    I'm pretty sure that they have to pay you upon request. But at the very least on your normal payday. Call your HR department and threaten a lawsuit. If there is no HR department, then call the highest level manager you can get to and tell them you want your paycheck TODAY or you will be contacting an attorney.

    You are entitled to be paid for what you worked. They cannot withhold it.

    Yea, instead of actually TALKING to the people, just threaten a lawsuit.
    *rolls eyes*

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