If I called out sick for only oneday, can my employer withhold a week’s pay?

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If I called out sick for only oneday, can my employer withhold a week’s pay?

I’v been working at this dealership for 1 year now and never in my life missed a day until I called out sick 1 day. Now the owner said he doesn’t want to pay me my salary for the whole week but still wants me to come in and work and sell cars and get paid only on commission. My salary is $350 which isn’t a lot but still counts at the end of the month with all the bills. Can he not pay me for the whole week just because I called out sick  day out the whole year of employment?

Asked on July 11, 2011 under Employment Labor Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of most states, your employer cannot withhold a week's owed pay to you if you missed only one day of work for being ill. If the employer does this, you should immediately meet with the local labor department and make a complaint against your employer.

If you have an employee hand book at the place you work, review it carefully. Potentially you may be allowed so many sick days from work with pay. If that holds true, the employer's attempt to dock you 4 days pay that you actually worked is even more egregious.

If the employer has done this in the past to other employees, he or she seems to be engaging in an unfair business practice.

Good luck.


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