- September 14, 2023
- Posted by: legaleseblogger
- Category: Related News
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The Situation: an Employee Facing Wrongful Termination over Late Paychecks
Introduction
Hey everyone! I hope you don’t mind reading a slightly longer post today. This is my first time asking a question on this platform, and although it doesn’t directly involve me, I’m genuinely curious about the situation. We have an employee, let’s call him D, who I believe is going to be wrongfully terminated due to circumstances beyond his control.
Background
Here’s some context: I work at a company where we frequently travel for work, usually having a two-week on and two-week off schedule, although some employees have a one-week on and one-week off arrangement. The catch is that most of us live about 1-2 hours away from the nearest airport. Consequently, if we rely on our loved ones to drop us off, the travel time becomes even longer.
Payroll Issues
Now, about two to three months ago, we encountered an issue with our payroll system, which has forced us to receive paper checks ever since. Unfortunately, it has become quite common for these paychecks to arrive a few days later than expected, typically on the following Monday to Wednesday rather than on payday, which falls every other Thursday. This delay can be quite infuriating since it forces us to go without access to our hard-earned money for an extended period, unless we’re lucky enough to have a spouse or significant other who can cash the check on our behalf. Now that we have this backstory covered, let’s dive into the current predicament.
D’s Story
D is an incredibly hardworking individual who lives paycheck to paycheck. He’s one of the employees most affected by the recurring issue of late paycheck arrivals and has been remarkably vocal about it with upper management. Unfortunately, we find ourselves in another situation where our paychecks are running late, and D is facing a significant challenge. He simply cannot afford the gas required for his fianc├® to drop him off at the airport. Naturally, he raised this concern with management, but instead of understanding the gravity of his situation, they are highly unsympathetic.
Management’s Response
Management’s reaction to D’s predicament has been less than empathetic. They labeled him as “irresponsible” for not saving money or anticipating the delayed paychecks. The argument put forth is that he had known for months that he would be traveling this week. However, D made it clear that he fully acknowledged his obligation to travel, but due to the delayed paychecks, he is unable to afford the necessary transportation to the airport.
The Threat of Termination
Unfortunately, despite D’s explanation, management remains dissatisfied and has bluntly informed him that if he doesn’t board a plane to the job site today, he will be terminated. As someone who holds a management position within the company, though not at the upper management level, I find it disheartening that we are unable to ask our employees to be patient and work with us through inconvenient situations while failing to reciprocate by ensuring they receive their pay on time. It seems highly likely that they will proceed with D’s termination, and I strongly feel that this action is both morally and potentially legally wrong.
How AI Legalese Decoder Can Help
In this distressing situation, an AI Legalese Decoder could prove to be incredibly beneficial. This tool is designed to assist in deciphering legal jargon and understanding complex legal concepts. By employing AI Legalese Decoder, we can gain a detailed understanding of the relevant labor laws and worker rights, thereby determining whether D’s situation falls under any legal protection. This tool can help shed light on any potential misconduct by the company regarding wrongful termination based on late paycheck issues. Armed with this knowledge, D and his supporters can take the appropriate steps to ensure justice is served while safeguarding the rights of all employees.
Apologies for the lengthy story, but I truly appreciate your patience as I sought assistance for a good-hearted individual facing an unjust situation.
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****** just grabbed a
I would suggest you both find a new job with someone who can handle direct deposit.
If a company does not pay its employees on time it is a violation of the FLSA. If ÔÇ£DÔÇØ complained about it and they fired him that would also be illegal.
Further, I would just say that whenever a company has ÔÇ£payroll issuesÔÇØ and then canÔÇÖt use their payroll system anymore and canÔÇÖt pay employees on time thereÔÇÖs likely an underlying financial issue there.
You might perhaps remind your employer that even a single late paycheck is against the law, per the Fair Labor Standards Act. Also let your coworker know the same. He has no responsibility to be patient with them, and some states allow him to recover damages for every paycheck that is late. He should make a complaint with the appropriate agency, every time it happens, and may be wise to seek legal counsel if they terminate him for the reason you described, although that reason for termination alone is not by itself against the law.
He should contact an attorney. I worked for a company that was consistently late on payroll. I was fortunate to have a friend who was an employment lawyer. He wrote up a letter for me to submit to HR requesting immediate payment of late payroll. He told me that firing me subsequent to my documented complaint could be considered retaliatory and would be wrongful termination. They were never late again.
He should consult an employment atty. theyÔÇÖre firing him because heÔÇÖs objecting to them breaking the law. He may be owed back pay and other damages. He should call an employment atty for a free consult.
company needs to get back on DD
Who the hell wants to process paper checks? That’s A LOT of administrative work compared to hitting a few buttons on a computer to get DD.
State law dictates what is considered a late payment. Without knowing your location, we can’t give you much advice.
Employees need to understand that they are creditors. Employees extend credit for their wages to their employers. When your boss gets the benefit of your labor on Monday and doesnÔÇÖt pay you until Friday, youÔÇÖve loaned your boss money for a week. There is no scenario that a late check is anything other than a deadbeat debtor trying to get out of paying their bills. Can you imagine a customer getting upset when the restraint demands payment after they eat their food?
Refuse to work without pay. File complaints with the local DOL. Set up proverbial land mines and walk out, fingers high.
The company should issue a corporate credit card for his travel expenses. He would then show receipts that line up with the expenses.
Hi OP, California based employment attorney here. Your advice will likely vary based on your and D’s locations, so I would advise adding that to get more accurate info.
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