Can my boss withhold some of my pay?

Question

I have taken a new job and have given my current employer 6 weeks notice. I'm on salary and my boss wants to hold back some of my pay to make sure every thing is in order after i've left. My integrity has never been questioned before and i hold a position of authority. I've been with the company 9.5 years and feel i'm getting a raw deal.

Answer 1

No. It would be an illegal deduction.

Answer 2

Your current employer will be breaking the law by withholding your pay simply to "make sure everything is in order." It is ILLEGAL, pure and simple. He can only withhold the customary state/federal taxes, SSDI, etc., but nothing more. There is also no obligation on your part to give him 6 weeks notice, or even 1 weeks notice. If I were you, I would call my new job today and tell them you can start tomorrow, and then quit your current job.

Answer 3

I would say no.I think the only things that can be taken from your salary without your permission are income tax, and N.I. I believe anything else requires a court order but check with your local citizens advice bureau their number will be in the phone book maybe under local authority numbers. I am also quite certain you did not have to give that amount of notice

Answer 4

i can only offer an answer as it relates to california.

no employer shall withhold any of your regular earnings. however, they may withhold the appropriate taxes, etc. upon termination, your employer must give you your full compensation. holding any of it is cause for disciplinary action by the EDD.

furthermore, no employer shall withhold any commissions and/or bonuses from the employee unless it specifically addresses such withholdings in the employee's compensation plan.

upon termination, an employer must pay the employee final wages within 72 hours.

if the employer is found liable for such an act, the penalty owed to the employee is the amount to be paid times the number of days it takes to pay the employee (up to a maximum of 30 days) plus interest.

i cannot imagine any other state allowing an employer to withhold an aribrary amount for an arbitrary period.

Answer 5

no, its not legal. you have a contract which says you will be paid a set rate for an agreed number of hours at a specified date. He would be breaking this agreement, technically breach of contract

IN reality. if he finds anything THAT bad, he would have to sue you for negligence or breach, but that's not gonna happen. That might be done in tenancy, but only on a paid deposit.

It would be better if he placed you on garden leave..
basically, you would still be employed and paid by him until you Begin your next job, and can tidy up whatever loose ends that might happen.

I suggest you find out if he has ever done this before, try to back it with evidence and then sue HIM for treating you unfairly

Answer 6

Forget the havering in the answers below; this is unlawful, period.
If your employer does not pay you all you are owed, it is an unlawful deduction and contrary to the Wages Act (as well as being a breach of contract). You would have an unanswerable case in an Employemnt tribunal and you don't need a solictor to claim - you can register and send your claim in on-line (no fee is payable).

Answer 7

I don't think so, but it may depend on the state. I can't find anything definitive in the FLSA, but one website indicates that most states require regular pay.

"Almost every state requires employers to pay employees on regularly scheduled pay days."

Another site says:
"Except when required by court order, or when an employee voluntarily agrees to it, an employer may NOT withhold any part employee's pay for any reason. "

You're still an employee until the date you leave, so you are entitled to the same legal and other treatment as a regular employee. Giving notice hasn't changed your employment status.

Answer 8

This is absolutely ILLEGAL! The money you have earned is your property and not his, if he witholds it then he is stealing as he intends to earn the interest that should be yours. If you are leaving as your contract allows he has NO LEGAL RIGHT to withold it, not unless he was previously unhappy with your work and had given a proper disciplinary procedure to say so, i.e. agreed meetings with representatives and written documentation to highlight concerns and a plan of action. This sounds like it has not happened. I would get legal advise if I were you.

Answer 9

If there were any hours that you actually worked then you are definitely owed for those. As far as holiday/vacation pay goes, that completely depends on company policy (check your handbook) and laws in the area where you live. Holiday pay is not part of your salary and you are not "entitled" to it, it is a job perk and that is all.

Answer 10

No he can't - and if you need help contact the Citizens Advice Bureau in your town. They're free, well-informed and often have access to free legal advice should you need it.
First though - have you tried talking to the HR (Personnel) Section in your company ? They should know the law.
Best to sort this out informally if you can - and probably quickest too.

Answer 11

Contact the labor dept, I do not know this to be legal, you have given ample notice, and much more than most give. He I do not think can legally hold back your pay.