QUESTION
Can an employer legally withhold money from your final paycheck for not giving them two weeks notice when leaving to take another job offer?
Asked on Jan 03rd, 2017 on Labor and Employment - Tennessee
More details to this question:
I was offered employment with substantially more earning potential. However, their next orientation is on Jan 9th which only leaves me free to give my employer one week notice rather than two. My employer is now telling me that they are withholding $250.00 from my last paycheck since I did not give them two weeks notice. Tennessee, being an "at will" employment state, I do not believe this is legal. Can you please advise?
1 ANSWER
4 Awards
If you earned the money, they cannot deduct any money from your paycheck without your written consent. Now, if that money is for days that you won't be working because you are leaving, i.e. unearned money, then they do not have to pay you. If the employer fails to pay you earned money and there is no written consent, you can contact the Tennessee Department of Labor and Workforce Development to file a complaint.
Answered on Jan 04th, 2017 at 5:52 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.