So I have a question on my husbands behalf. He was hired on a job in Williston North Dakota. He was hired on and they started his week long training course. Well one day without warning they fire him. He just got off training and just started working on the job site. He didnt get written up or anything. They didnt give any reasoning as to why they fired him. My guess is lack of communication on the job site. But anyways now they are holding his paycheck. Is this legal? Can they really hold his paycheck. He was fired from his job about a week before his paycheck and waited and its payday and no money. He went in and talked to them and they said that they are holding his check to pay for the training that they gave to him. But from what he understood it was provided to him for working in that field. Can they really hold his money to pay for his training after THEY fired him for no apparent reason? I would just like to get some answers so we can see if theirs anything that can be done. And they had it set up to direct deposit and they said if they send it out it will be by mailing and take up to 2 weeks to recieve. This is really affecting his well-being as he can not buy food or pay for his housing. Will you please give us some insite on what can be done or if this is totally legal on their behalf?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Holding of a paycheck
- Thread Starter BigMomma
- Start date
- Status
Proserpina
Moderator
This might be tricky.
ND does not have a "training wage" as such. But the important question is, "Does the amount exceed the state's minimum wage requirements?"
Please standby for other responses though.
ND does not have a "training wage" as such. But the important question is, "Does the amount exceed the state's minimum wage requirements?"
Please standby for other responses though.
Betty3
Well-Known Member
First off the US DOL information in the post above applies to public employees - "seems" OP works for a private employer & "probably" there was no training cost reimbursement clause.
Re the training - If it was required training, the time is considered hrs./time worked.
Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed. http://www.dol.gov/whd/regs/compliance/whdfs22.pdf (This is a federal law that applies in all states.)
(There are exceptions where the employer does not have to pay for "some" state mandated training.)
It "seems" in your husband's case not only should he not have to pay for the training but he should be paid for the training. It seems he is also owed money for working on the job site for a while.
North Dakota - Wages are due & payable at the regular payday established in advance by the employer for the periods worked, regardless of whether the separation is voluntary or involuntary. If the employee is discharged, the employer must send the employee their wages by certified mail or as otherwise agreed to by the employee. If the employer fails to pay an employee as required, the employee is entitled to collect the value of the wages they would have earned had they continued working for each day the employer is in default, up to 30 days. N.D.C.C. statute 34-14-03
Your husband needs to file a wage claim for all wages that might be due. (He should go ahead & ask for training pay & on site pay.) Wage claim process ND - http://www.nd.gov/labor/wage/wage.html
http://www.nd.gov/labor/forms/sfn-17081.html http://www.nd.gov/eforms/Doc/sfn17081.pdf
Re the training - If it was required training, the time is considered hrs./time worked.
Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed. http://www.dol.gov/whd/regs/compliance/whdfs22.pdf (This is a federal law that applies in all states.)
(There are exceptions where the employer does not have to pay for "some" state mandated training.)
It "seems" in your husband's case not only should he not have to pay for the training but he should be paid for the training. It seems he is also owed money for working on the job site for a while.
North Dakota - Wages are due & payable at the regular payday established in advance by the employer for the periods worked, regardless of whether the separation is voluntary or involuntary. If the employee is discharged, the employer must send the employee their wages by certified mail or as otherwise agreed to by the employee. If the employer fails to pay an employee as required, the employee is entitled to collect the value of the wages they would have earned had they continued working for each day the employer is in default, up to 30 days. N.D.C.C. statute 34-14-03
Your husband needs to file a wage claim for all wages that might be due. (He should go ahead & ask for training pay & on site pay.) Wage claim process ND - http://www.nd.gov/labor/wage/wage.html
http://www.nd.gov/labor/forms/sfn-17081.html http://www.nd.gov/eforms/Doc/sfn17081.pdf
Proserpina
Moderator
Mea culpa.
Forgive me.
(character limit)
Having said that, when I actually lived in ND, this would happen with a depressing frequency.
It almost reminds me of that certain vacuum cleaner vendor. Almost.
Forgive me.
(character limit)
Having said that, when I actually lived in ND, this would happen with a depressing frequency.
It almost reminds me of that certain vacuum cleaner vendor. Almost.
yes it is paid training. he got paid for two days of training and then you know it was another two weeks until he got paid and they fired him without reason while he was working. so i know it is paid training so he still has over a week of paid training and a few days of work on his check. thank you guys for all your advice!
Betty3
Well-Known Member
If he is still missing any pay - go with filing the wage complaint/claim. (follow instructions in links above)
Just for your info (based on what you posted) - I don't see an illegal/wrongful termination. In at-will employment you can be terminated at any time for any reason or no reason (with "some" exceptions in the state of Montana) except for a reason prohibited by law (example religion, race, gender.....) which doesn't seem to be the case here. If they were going to fire him for a reason prohibited by law, it's not likely they would have hired him in the first place. They also can't fire you if you have a binding employment contract or collective bargaining agreement to the contrary - doesn't "seem" to be the case here either.
You're welcome for the advice. If your husband worked elsewhere previously & has enough quarters of work & made enough income, he might qualify for unemployment ins. & should apply. If he applies, the state will make the decision as to whether he is entitled to benefits. Currently he should look for other employment which I assume he is.
Good luck.
Just for your info (based on what you posted) - I don't see an illegal/wrongful termination. In at-will employment you can be terminated at any time for any reason or no reason (with "some" exceptions in the state of Montana) except for a reason prohibited by law (example religion, race, gender.....) which doesn't seem to be the case here. If they were going to fire him for a reason prohibited by law, it's not likely they would have hired him in the first place. They also can't fire you if you have a binding employment contract or collective bargaining agreement to the contrary - doesn't "seem" to be the case here either.
You're welcome for the advice. If your husband worked elsewhere previously & has enough quarters of work & made enough income, he might qualify for unemployment ins. & should apply. If he applies, the state will make the decision as to whether he is entitled to benefits. Currently he should look for other employment which I assume he is.
Good luck.
- Status
Share this page
