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alison watkins
alison watkins
Join Date 06/2004
+2

Is This Legal?!

September 13, 2005 3:35:22 PM from JoeUser ForumsJoeUser Forums
It is no suprise that due to my new found duties in the public schools that I immediately had to leave my franchise teaching job. I offered to put in two Saturdays to represent a two week notice, but they declined. Since my new job actually represents why I went to college, and franchise teaching does not, I figured they would understand. Boy was I wrong....

In the mail today I recieved my last paycheck and a little nasty note from the franchise. It said that they held $124 out of my last paycheck for the time and money they wasted on my training.

Is that legal? (I am currently looking further into the situation, but I thought I'd throw this one out in JU land.)
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alison watkins
Dr Guy
Join Date 09/2004
+129
Reply #1 September 13, 2005 3:46:58 PM
from JoeUser ForumsJoeUser Forums
Depends upon what you signed.  If you signed an agreement stating you would work for a certain period of time upon receiving the training, yes.  If you signed nothing, no.  And while $124 is not a lot, you can take it to small claims and at least save the cost of a lawyer.
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alison watkins
dharmagrl
Join Date 02/2004
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Reply #2 September 13, 2005 3:47:45 PM
from JoeUser ForumsJoeUser Forums

Well, did you sign a contract with them?  If so, you need to dig it out and see if they withold the right to deduct money for your training.

If you DIDN'T sign a contract with them, then you ought to go look up your state law regarding notice given and whether you have to actually WORK said notice.

Try here: http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm

If you can't find anything there, try here: http://www.dol.gov/

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alison watkins
Chaos Manager
Join Date 06/2005
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Reply #3 September 13, 2005 3:55:43 PM
from JoeUser ForumsJoeUser Forums
I know w/ my employer, it's company policy to get a) up to 2 - 6 wks notice (depending on longevity) or the equivalent in pay for the same time period.

But that's also stipulated in the employment papers, so it would be a little difficult to get around it.
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alison watkins
Myrrander
Join Date 09/2004
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Reply #4 September 13, 2005 3:58:50 PM
from JoeUser ForumsJoeUser Forums
yep, most likely legal
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alison watkins
Dr Guy
Join Date 09/2004
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Reply #5 September 13, 2005 4:03:56 PM
from JoeUser ForumsJoeUser Forums

I know w/ my employer, it's company policy to get a) up to 2 - 6 wks notice (depending on longevity) or the equivalent in pay for the same time period.

Yea, if it is not stipulated about notice, you can quit on the the day you leave,  and they cant do diddly.  At least here in Va.  Like Dharma says, check the labor laws of the state.  I suspect if you did not sign a contract, it is not legal.  NY is more labor friendly than Va by far.

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alison watkins
alison watkins
Join Date 06/2004
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Reply #6 September 13, 2005 4:05:10 PM
from JoeUser ForumsJoeUser Forums
The papers state that the only money they are able to withold is $50 for training and materials...hmmm....
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alison watkins
alison watkins
Join Date 06/2004
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Reply #7 September 13, 2005 4:06:23 PM
from JoeUser ForumsJoeUser Forums
To all:
Thank you for all of your great input!
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alison watkins
Dr Guy
Join Date 09/2004
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Reply #8 September 13, 2005 4:13:01 PM
from JoeUser ForumsJoeUser Forums

The papers state that the only money they are able to withold is $50 for training and materials...hmmm....

Hmmmm?????

Well, that drops it to $74.  Take them to small claims anyway.  You will win and they will have to pay your filing fees.  And you will get some well deserved revenge!  Mwuhahahahaaha!

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alison watkins
dharmagrl
Join Date 02/2004
+3
Reply #9 September 13, 2005 4:19:54 PM
from JoeUser ForumsJoeUser Forums
The papers state that the only money they are able to withold is $50 for training and materials...hmmm....


Write to them explaining that unless they reimburse you for the money they illegally withheld for your check, you will have no other option than to file suit in small claims court. Give them the chance to make it right before you take them to court.

If they don't want to give what they owe you, then file suit.
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alison watkins
KarmaGirl
Join Date 03/2001
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Reply #10 September 13, 2005 4:23:30 PM
from JoeUser ForumsJoeUser Forums

What is the reason that they can retain the fee?  If it was because you didn't give notice- you did, but they refused. Typically, that is only enforceable if you left for another company that does the same thing, or they had you sign an employment term contract or non-compete.

 Most states  also have workers claims divisions that you can file a claim for free. 

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