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With Holding Check?
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With Holding Check?
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An employee called in to quit this morning and the employer called her back saying she wouldn't get any money from the office until she came in an quit like a professional. The employee is due payroll
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With Holding Check?

posted at 5/12/2009 7:56 AM EDT
Posts: 2
First: 5/12/2009
Last: 5/12/2009
An employee called in to quit this morning and the employer called her back saying she wouldn't get any money from the office until she came in an quit like a professional. The employee is due payroll check for a full pay period and payday is this Friday. Is this legal? We are in the state of Arizona and the employer is really mad that this woman left without further notice. This employee wasn't doing to well in her position, and the company was hanging on to her until she caught up on her work. I think I am suppose to pay her payroll on payday, but afraid of reprecussions for the owner if I do.
Thanks for your help!
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With Holding Check?

posted at 5/12/2009 8:06 AM EDT
Posts: 1783
First: 11/11/2003
Last: 5/13/2010
Generally speaking an employer may not delay or deny payment for hours worked.

Check with your state's Department of Labor/Wage and Hour division for specifics.
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With Holding Check?

posted at 5/12/2009 10:20 AM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
The Arizona Department of Labor website will have more information on mandatory pay periods and pay days if they've enacted such requirements. But as Cynbrandt noted, it's generally not legal to withhold wages due in circumstances such as this.
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With Holding Check?

posted at 5/12/2009 10:44 AM EDT
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First: 3/16/2007
Last: 8/19/2011
It is not legal in AZ to withhold a final check and you must pay them on payday.
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With Holding Check?

posted at 5/12/2009 10:45 AM EDT
Posts: 2
First: 5/12/2009
Last: 5/12/2009
Thank you so much everyone. I will keep this in mind and look up the rules on Arizona's website before she tells me to withhold the check.
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With Holding Check?

posted at 5/12/2009 2:00 PM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
And the employer is being very childish, IMO.
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With Holding Check?

posted at 5/13/2009 6:20 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
According to the AZ Revised Statutes: "When an employee quits the service of an employer he shall be paid in the usual manner all wages due him no later than the regular payday for the pay period during which the termination occurred. If requested by the employee, such wages shall be paid by mail."

I trust this is helpful.

Dave Arnold, Ph.D., J.D.
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With Holding Check?

posted at 5/13/2009 6:52 AM EDT
Posts: 464
First: 6/30/2004
Last: 11/22/2010
You might also check into the penalties involved should the AZ DOL have to get involved. I don't have a lot of depth in this area, but I seem to remember the possiblity of treble damages for the wages.

Also, if you are still ordered to not pay, keep notes. You are not the decision maker here and do not want to lose your job, but if you jot down notes, save emails or memos, it might help you cover your butt when/if the claims start flying.
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With Holding Check?

posted at 5/13/2009 8:29 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
A violation of this nature in Arizona would constitute a petty offense, plus the prior employee could recover triple the unpaid wages.

Dave Arnold, Ph.D., J.D.
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