no contract but boss refusing to pay unless i work a months notice can she do this?

Question

ive been working at this company for 11 months but have never recieved a contract or anything mentioning any noticed i needed to give i also have never agreed to anything verbally. when i started i worked a week in leiu but now have handed in my 1 weeks notice and boss is saying i will not be paid unless i work a months notice can she do this?? also she is saying somthing about if you work somwere for more than 13 weeks you are allready agreeing to the terms of the contract theirfore i must work the month but i have not signed anything is this bull s**t???? plz help

Answer 1

Horse manure!

Tell them to show you the law regarding that. Also tell them that if they do not pay you everything you are owed in full, you will be reporting them to the state employment commission or labor board, or whatever it's called in your state.

Your employer should have a poster up somewhere from this agency outlining basic work rules.

Basically, without a contract, your employment is under an "at will" basis. Either of you can end it "at will."

Answer 2

Depending on the state you live in, most places are at will employment, and you can leave without notice. Giving notice is a courtesy and not a requirement unless you have it signed that you would provide a written 1 month notice. If you are in a high level position however, IE- CFO etc, a month notice is the standard, and most other positions, a 2 week notice is standard.
If she refuses to pay you, contact your local EEO office and file a claim.

Answer 3

No, they can not do this. Under the FLSA you must be paid for all time worked. Notice is NOT required in order for you to be paid. Many companies try to put that type of language in their handbooks or contracts but it is not legal. If you are exempt you still must be paid your weekly rate for the time unless you leave in the middle of a work week, then they can pro-rate the weekly amount (for ex: if you work through Wednesday they have to pay you 3/5 of your weekly rate). At no time can you work and not be paid for it.

Answer 4

I would contact the Dept. of Labor office there... I live in Idaho which is a right to work state (which doesn't seem to give much protection to the employee in these cases), and state laws can vary.

Answer 5

she is right about the 13 weeks but only if you have seen a contract if you have not seen one then you can't be contracted to one the best way out of this would have been to leave after been payed.

Answer 6

I would make her show a copy of the contract and before I asked about it, I would call the labor board and ask them.

Answer 7

She is bluffing, no such thing exists. I have had businesses in several states, this is pure BS on her part. Tell her, and I would do it, that you are calling the state employment department and reporting her conduct.