Legal Question in Employment Law in Rhode Island
Holding paychecks
I have recently decided to leave my current job, however I did not give any type of notice, I just called an hour before my shift and told my boss that I had decided to resign. However, Friday was payday and when I called to get my check mailed to me they said I didn't have one. Are they allowed to withhold my pay (for the last two weeeks that I did work) because I did not give them my two week notice? And what about if my check did make it to my office but someone has taken it in spite of me not giving suffiecient notice? Am I entitled to this and is there a process I must follow in order to recieve my pay?
1 Answer from Attorneys
Re: Holding paychecks
No, an employer may not withhold pay rightfully earned because an employee quit without notice. I suggest you go to your employer in person and ask for the pay you earned; if they still say no, send a written letter to the employer's President, preferably certified mail, return receipt, asking for the pay you are owed. If you do not receive the pay within a week after the employer receives the letter, you should contact the RI Department of Labor & Training and file a complaint. You can read about the law and print a complaint form from the internet at "http://www.dlt.ri.gov/ls/default.html". Information about our firm is at "www.montsum.com". You may call me if you need help. Good luck.
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