Can a manager tell an employee not to come to work to find out why he didn’t get paid?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a manager tell an employee not to come to work to find out why he didn’t get paid?

My son age 18 recently started a job at this unnamed large public company. He is supossed to get paid every 2 weeks. His first paycheck was 2 days late

because they messed up routing of his direct deposit infomation so they gave

him a paper check. Then the company had him refill his direct deposit

information again assuming they lost it. After 2 weeks, his next pay date, he was supossed to receive his check via direct deposit. This never happened.

That day he contacted his store manager who inturn contacted the regional

manager to find out what happened. Well we are 6 days after the paydate and he still has not gotten paid. Yesterday my son contacted department of labor to help but this is slow moving. Today he received a text from his manager saying the money was deposited to his savings account on the original pay date. The

manager the said she took him off the schedule and told him not to come to work until he figures it out with his bank’s branch manager. My son does not

have a savings account, only a checking and the direct deposit slip information

is accurate. Is it legal to be told not to come to work because he did not get paid? I believe this is not fair or legal in anyway.

Asked on July 19, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, forget about whether it is "fair"--fairness is irrelevant. 
In terms of legality: your son must be paid for all work he did. If he is not, he could sue (since he is 18 and thus legally an adult, he would sue, not you for him) for the money, such as in small claims court as his own attorney or "pro se" to minimize costs. So if he does not receive his pay, his recourse is to sue.
The employer can tell him to not come in any longer: unless he had a written employment contract guarantying his employment, he is an "employee at will" and an employee at will can be suspended or terminated at any time, for any reason, without explanation, and once he is, he has no right to enter the employer's premises or location. The employer also does not have any obligation to communicate with him. Your son's only right is, as described above, to sue for any pay he earned but did not receive.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption