[Nebraska]

Have a policy in our employee handbook that states: "A No-show, no-notice resignation will result in current pay period rate of pay at minimum wage. We understand this may not be the employment for everyone and as such things some times do not work out. If you are going to resign your position we require a minimum of a three business day (M-F; Sa & Su excluded) notice. Less than three business day notice will result in a minimum rate of pay as mandated by Federal and State law."

Problem is I have a guy that just got his check, called an attorney, and now I'm being hassled for the additional $154 that would bring this guy up to his rate of pay for which he was hired at. He worked 10 days with us....

He did sign off on receiving, reading, and understanding all policy's in the handbook.

Blow it off?

Cut my losses and just give him the $154?

Like I told him on the phone when he said that he's never had this happen before....."I bet you'll never have this problem again! ".

[dan deutekom]

I love the wording and the principal of this policy but it probably isn't legal. If this guy hired a lawyer to collect his $154.00 the only guy making money is the lawyer. I would pay it. Just isn't worth the hassle. The next 5 guys that do that to you, probably will just take the minimum wage without a whimper.

[Stonehenge]

If John Allin stops in here, I think he'll side with Nebraska...

Oh, and by the way, I had employee who just left his T-shirt and hat with his timecard at the end of the week. Never said a word, just stopped showing up. This was 2 weeks ago.

The pay period has come and gone, and I have not cut his check. I will continue not cutting his check until he shows the courage and decency to at minimum call me to explain his actions (and return the rest of my uniforms). No phonecall (and no t-shirts), no check.

[JAA]

Our handbook says (basically) the same thing. We've had it challenged..... and won both times. In PA, it's legal as long as 1) the employee agrees to it in writing (and accepting the job, signing for the handbook, and agreeing to its contents qualifies), and 2) we don't take them below minimum wage. This means no deductions from their pay for anything that might lower the wage below minimum.

One guy went to the labor department. Guy from the department called and said "pay him or we'll go to court". We have a labor lawyer - he fought it and we won (never got to court).

Document, document, document.....

That being said, you have a decision to make. Hiring a lawyer for $154 might not seem like good business sense - but sooner or later you'll have to fight it.... and nothing like precident to make it stick in the future. He's got a lawyer how wants to huff and puff and blow your house down..... now it's time to put up or back down....

We stood up for it and won.... now when an employee threatens us, we tell 'em... "Go ahead. We've been down this road before and won. By the way, here's the name of the guy at the labor department you should call to complain. It'll save you alot of time and money." Never hear from them again.......