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Question
I recently worked for a friend of mine for his new company he and his girlfriend started, they said they would come get me and bring me home and pay me 50.00 a day starting out I agreed, I worked 3 days one pay period and 3 days the next my first paycheck she shorted me 50 told me she didn't know she owed me, she would pay me the following pay period, then they started not coming to get me but they wouldn't tell me they didn't need me any longer as her father came to work for them, last time I worked was before Christmas 2013 and today Feb 19, 2014 I finally got my last check minus 36.00 for stop payment on the first check she supposedly had to stop payment on to mail the new one ( she said she mailed it jan 10th I never received it but got this one one day after she mailed it! can she withhold the 36.00 to stop payment on a check she never wrote as we are all personal friends and we know what really happened because her boyfriend told some other friends of ours and they told me, she has cussed me over this money the total 150.00 and then said she was going to deduct this stop payment amount out of my pay and I told her no. can she ?

Answer
Never go to work for friends...good lesson learned. It is not right nor is it legal for her to deduct the 36.00 from your check. You could take it to the department of labor and file a claim, butit is 36.00 I don't know how much help you will get with that small of an amount. Maybe just cut your losses and move on.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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