Can a manager tell an employee not to come to work to find out why he didn’t get paid?
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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. New Link Destination
day 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 5 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.
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