Can an employer refuse to pay you if you called them out on illegal practices?
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Can an employer refuse to pay you if you called them out on illegal practices?
My former employer won’t pay me for the 2 weeks that I worked because I mentioned her practice of not compensating servers who worked both day and night shifts.
Asked on April 1, 2012 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, an employer may not do this:
1) An employer can never withhold or take away pay for work already done, even if the employer believes the employee has given the employer grounds to disclipline, suspend, or terminate the employee. An employee's paycheck may only be withheld with the employee's consent; money may only be taken out of the check with employee consent or to the extent required by law (e.g. for FICA; or for a court-ordered garnishment).
2) Employers may not retaliate against employees for pointing out labor law violations.
You should consult with an employment law attorney; you may have a legal claim or cause of action.
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