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  1. #1
    Join Date
    May 2012
    Posts
    11

    Default Boss Demanded I Cash Check and Give Portion to Another Employee

    My question involves employment and labor law for the state of: VA


    Is this illegal?

    I refused to do so, saying that it was illegal and just wrong. I felt i was forced to leave the establishment.

    I did not owe any money to anyone.

    The other employee that i was to compensate was the owners bro, who is not on payroll, but has authority.

    The reason he felt that this was necessary was because I was out sick for a couple days. ( I provided a Dr.s note)

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    So those couple sick days were paid on that cheque? If so, do you realize that your employer is not legally obliged to pay you for those days? Even with a doctor's note? While it's a pretty ham-handed way for your employer to re-coup the money, I don't think you'll get anything if you report it to the DOL.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    OP saying he no longer works there?

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    Quote Quoting eerelations
    View Post
    So those couple sick days were paid on that cheque? If so, do you realize that your employer is not legally obliged to pay you for those days? Even with a doctor's note? While it's a pretty ham-handed way for your employer to re-coup the money, I don't think you'll get anything if you report it to the DOL.
    If the OP is paying state and federal taxes on money that he isn't receiving, I think he may just have a claim with the labor board.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    It sounds like the boss doesn't want to put his brother on the payroll for some reason, so he paid the employee for the missed days rather than deducting them from the employee's paycheck, then he asked the employee to pay his brother for working those shifts. Or, possibly, he made a payroll error that he didn't want to correct, and thus asked the same thing. But if either is the case, I'm not clear on why Thankz insists he earned and was entitled to the money, even though I understand his objection to his boss's proposal about giving the other person cash.

  6. #6
    Join Date
    May 2012
    Posts
    11

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    Whether he paid me or not for sick leave isnt the issue.

    The issue is me compensating another employee. In other words, the owner wanted me to pay another employee under the table with the remaining pay i was to recieve. I asked for another check with accurate wages, withholdings, hours, and stating "a" deduction. He refused.

    I reinterated that if he (the owner) wanted to compensate an employee, that the establishment or the owner should be pay the employee accordingly.

    It was a tense arguement, considering it wasnt the first time he made a deduction without my knowledge, notification, or approval. He made a mistake the first time and willingly admitted it with no reinbursement. However, that deduction was for propery that I wasnt responsible for but there were accurate withholdings accounted for. That issue was resolved by communicating to eachother the actual events that occured. The compromise was that I was to have knowledge of any change in pay whatsoever for good reasoning.

    When I say "change in pay" I was referring to overall concerns that were to be acknowledged before payday and not ON payday. " Payroll is high, can you wait another week." or " This is all I can give you, Ill make up the rest as soon as I can." My best interests were for the establishment, not for the owner to determine/decide when, where, or how my compensation was dispursed.

    I filed for unemployment stating that i refused to pay an employee under the table. Ultimately, that is what occured on the last day I was employed. And due to the circumstances, I could not work under conditions that would lawfully affect me or another employee.

    They are disputing this (which i fully understand they have the right to) I have a fact-finding interview in the next week which the Determining Deputy will decide "whether or not i was disharged or suspended for misconduct"

    Was does this mean and what can i do to prove that this was an involuntary?

    Thanks everyone, any and all opinions are welcomed..

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    Quote Quoting Thankz
    View Post
    Whether he paid me or not for sick leave isnt the issue.
    So why did you say "The reason he felt that this was necessary was because I was out sick for a couple days. ( I provided a Dr.s note)"? If this information is irrelevant to your issue, why bother typing it out? Are you trying to mislead people here?

  8. #8
    Join Date
    May 2012
    Posts
    11

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    This is also important that I forgot to add which occured the last day of my employment..

    He had held my paycheck in his pocket for 3 days insisting that he be the one to give it to me. On the payday to which I should have recieved it, I was told this. I called, left messages, and texted him constantly trying resolve whatever situation his concerns were. I even worked days after that payday in which he didnt show up.

    I was not expecting any compensation for sick leave. Had he given me my check and deducted the leave on a scheduled payday, there would not have been an issue.

    As far as compensating another employee, I should not have been involved.

    Perhaps I'm not explaining this well

    I was simply stating his explaination on why he thought it was necessary to pay his brother.

    Im not trying to mislead at all, but you implying this helps. The sick leave has nothing to do with issue..

    Its the fact that he wanted me to compensate another employee under the table so he didnt have to pay the taxes, or pay out of his OWN pocket. Right? Im learning here.. not arguing.

  9. #9
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    I'm also wondering what you hope to get from our responses. You quit, nothing can change that.

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Boss Demanded I Cash Check and Give Portion to Another Employee

    You quit. Your option was to refuse to pay the other person and repay the days you did not work. I would say your chances for UI are low.

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