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Can an Employer Change its Handbook Without Notifying Employees

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  • 07-15-2016, 10:37 AM
    erzerz
    Can an Employer Change its Handbook Without Notifying Employees
    My question involves labor and employment law for the state of: Florida

    My company is refusing to release my final check in a semi-montly basis as was stated in the Handbook i Acknowledge and sign. I refered to it to request my payment.

    Today they sent me a "New 2016" version in the Handbook where they state that they can hold my last paycheck until their client pays their debt. This "last version" was never distributed, nor signed by me or any of the employers.

    It is my belief that they are just "releasing" this new 2016 version just to sustain what they said in previous emails ("we will hold you last paycheck until the client pays their debt with us")

    What can I do? A company can just "update" the employee handbook at will to comply with what they want to do with the employees?
  • 07-15-2016, 10:53 AM
    flyingron
    Re: Handbook Not Distributed but Starting to Apply
    What client? What debt? Unless you're talking about commissions, there's no reason (no matter what the handbook said or will say) to withhold someones pay because someone else owes a debt to the compnay.
  • 07-15-2016, 12:13 PM
    cbg
    Re: Handbook Not Distributed but Starting to Apply
    You're in an awkward situation here in that neither Florida nor Federal law has any mandates about when the final check can be released. A company handbook, whether it is signed or not, is rarely a legal document so it's kind of immaterial whether it was signed, unsigned, or even in existence. In your case, it doesn't really matter; your signing the handbook is not permission for them to do something or an obligation on your part to do something; it is an acknowledgement of the policies contained therein.

    How much time are we talking about, at least in estimation, here? It makes a difference what I recommend you do next.
  • 07-15-2016, 12:15 PM
    hr for me
    Re: Handbook Not Distributed but Starting to Apply
    See OPs other post on withholding wages. http://www.expertlaw.com/forums/showthread.php?t=198200 to read more backstory

    That said most employers have a statement in the handbook that states they reserve the right to revise the policies. So yes, they can update the policies at will. Your question needs to be is if they have to notify you prior to doing so? Prudent employers would get your signature on a new handbook/policy, but again it can depend on what you signed when you signed the original acknowledgement.

    At this point I would suggest you take everything you have -- old/new handbooks, copies of any agreements to a local employment law attorney. Or like has been suggested in the other post, file a wage claim with the DOL.

    I would also be talking with the new employer and asking when they were expecting to pay that penalty fee to the old employer. There are a lot of hazards for moving from a consulting firm to a client because there are 2 big players (the two employers) and one small player (the employee). You are getting stuck in the middle unfortunately.
  • 07-15-2016, 01:06 PM
    Mr. Knowitall
    Re: Can an Employer Change its Handbook Without Notifying Employees
    Quote:

    Quoting erzerz
    View Post
    Today they sent me a "New 2016" version in the Handbook where they state that they can hold my last paycheck until their client pays their debt. This "last version" was never distributed, nor signed by me or any of the employers.

    It sounds like they're treating you as an independent contractor, not an employee.
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