I work as a psychlogist at a small clinic. I just gave the head person here 4 wks notice that I'm leaving my job. My boss then reminded me that when I joined the clinic, there was a small clause in the contract I signed that said I must give her 8 wks notice before leaving. She threatens to take the money out of my final paycheck for each "week I miss in the 8 week leaving notice" -- to pay for the "missing weeks of work." Is this legal? Can she do that? I have already worked 3 weeks of my last four weeks & plan to work with my patients only one more. Is the head of this clinic legally entitled to withhold my last paycheck because I didn't give her "8 weeks notice?" Could someone please tell me where I stand legally in this (in Los Angeles, California)? What can I do to get my final paycheck, and is there are any state or local agencies I can turn to for help, or make a claim about this? I would greatly appreciate your thoughts.
2007-03-22 13:47:42 · 5 answers · asked by cyberlarry7 6 in Business & Finance ➔ Careers & Employment
Employers are not legally allowed to withhold money from you that you have earned. If she is going to hold you to the 8 week notice clause, she will have to sue you for breach of contract (she will win if it is in the contract), not deduct money from your final paycheck. The agency to complain to is the Department of Labor if she refuses to turn over your entire final check.
2007-03-22 13:52:36 · answer #1 · answered by Brian G 6 · 0⤊ 0⤋
Well, read your contract. I don't think they can hold your money if you've earned it and I beleive you can file a complaint with the Labor Board for that money and if they side with you, they will award you a days pay for every day your check was late.
8 weeks is ridiculous. 2 weeks is standard, 4 weeks if you are seeing patients seems pretty respectful, but read your contract. Maybe they really did ask for 8 weeks and if so, you might want to find a way to abide by that so you can at some point get a decent reference out of them. Good luck.
2007-03-22 20:53:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is my understanding that every state has an agency that is called (here in Maryland) the Labor Relation Board. I would seek out this entity in your state and I believe that thier guidance would be the best way to go.
2007-03-22 21:00:04 · answer #3 · answered by tlbrown42000 6 · 0⤊ 0⤋
If it's in your contract than there is nothing illegal about it. That's why you read every line of any document you're presented to sign and insist on receiving a copy.
2007-03-22 20:51:20 · answer #4 · answered by UNITool 6 · 0⤊ 0⤋
When i was 16 i worked at papa Johns and i quite early they reduced my pay down to min. wage but they didint take all of it.
2007-03-22 20:55:15 · answer #5 · answered by Tonka 2 · 0⤊ 0⤋