As an employer can I keep a weeks wages from an employee who left without giving the required 7 days notice?

Answer 1

No, you can not withold any monies earned. I would however make him ask for it and it is most unfortunate that my book keeper who does the wages is very slow and the ex employee may have to wait some time. I suppose 6 weeks sounds about right.

Answer 2

Assuming you are in the U.S.A.--

You can do whatever you want, but in this case it would not be legal.

By law, an employer has 24 hours to tender a final paycheck if notice is given, and 3 working days with no notice. Many employers go past those limits with impunity because most people are dumber than dirt, and have no idea how well they are protected by labor law.

Be warned that you break the law at your own risk. An ex-employee may file a compliant with the NLRB, and if it is found to have merit, the employer may be fined.

Also, the ex-employee may file a civil suit against the employer just for delaying the final check.

Lastly, keeping wages that an employee is otherwise due is a criminal offense, punishable by a stiff fine and/or jail time, and this is an election year. I would advise against this course of action.

In fact, my personal feeling is that any employer who would consider doing what you ask about is vindictive scum, and deserves to have the ex-employee from hell hound them out of business.

If this is really how you feel, perhaps you should consider another way to make a living--or at least let other people deal with the hired help. Best of luck.

Answer 3

Where are you located? If there really is a law in your area saying that an employee is required to give 7 days notice, that law undoubtedly addresses what the employer can do if they don't.

If the only thing that required the 7 days notice was your employee manual or a contract with the employee, you can't do it unless it's stated in the manual or contract that you can.

Answer 4

Does your policy manual (if you have one) tell employees that you will withhold a week's wages if they leave without notice? Doubtful. Anyway, why fret. Just pay the person and if a weeks wages means that much to you, put the "policy' in writing and make certain that all of your employees are aware of it in case this situation arises again..
(You obviously are not running some big corporation. So just suck it up and pay the person.)

Answer 5

no, you can not legally with hold any monies earnt, you can only apply to take back what it cost to replace that person for that week. Uk law that by the way.
I would like to add that the standard contract used in UK state that lack of required notice voids any holiday pay owed, so they lose all holiday pay. Also, if they were working for you less than six weeks, no notice is generally required from either side.

Answer 6

i haven't the time of day for employers, if they left you without notice it says a lot for you as a boss doesn't it. and to squabble over a workers earnings which means the difference between life and death for a worker shows a lot for you as a human.


edit: if they worked the hours owed and you try to withhold their wages you are nothing more than a common thief. plus any outstanding holiday pay owed you should pay as well without asking or counterplay.

Answer 7

Any employer who would even think they can get away with what doesn't deserve the courtesy of a notice.
With that attitude - which is wholly illegal - it's probably no wonder your employee has no compunction in leaving.

Answer 8

That depends on whether you have written terms and conditions and whether that was stated in T an Cs

Answer 9

No. You must pay them for all time worked. If they didn't give notice, you have until the next pay period to pay them what is owed to them.

Answer 10

Why hold a grudge. Just let them go and be wiser from the situation.