Can my employer retroactively withhold the "first paycheck" after years?
June 26, 2014 8:02 PM Subscribe
Is it legal for an employer (FL Tax ID in FL) to suddenly decide after four years that they want to withhold the "standard" week's worth of pay (based on salary, not hourly)?
posted by Debaser626 to Work & Money (10 answers total)
After working for my company (in Florida, less than 10 employees) for four years, due to a morass of issues, there are some new partners.
As part of their SOP at the companies the partners own, they reserve a week's pay for all new hires. While this is the SOP I have always been employed under and is nothing unusual to me, my issue is that when I was hired, I was paid on the next pay period as that was the then standard, and it now seems unfair, weird, and perhaps illegal to suddenly decide that a reserve of salary is necessary and reserve this pay just so some protocols are being followed.
We are on biweekly pay periods and the initial "solution" was to have an upcoming pay period consist of three weeks instead of two so we would be "caught up," but after much decrying of this, it looks like they will instead "loan" us the money, and then deduct a set amount out of each paycheck until our individual week's reserve of salary is met.
This is all strange, and unsettling, but especially as there are a fuckton of issues going on besides the pay checks, I want to push back on this if possible.
In my mind, the new partners should eat the cost (there's only a few of us left), or just let it go. However, I don't know if there's some actual labor precedent that a portion of salary is initially withheld, and I don't have a leg to stand on, or if they're the ones being ridiculous.