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My mother currently works at the Oaks West Nursing home ...


Sent to Legal Experts November 08, 2007 11:07 a.m.

My mother currently works at the Oaks West Nursing home (family owned). She just excepted another job who needs her to start right away. She went in and give her current employee 1 weeks notice. Her supervisor told my mother that she has to give two weeks or she does not get her pay check. Is this legal?
Customer (name blocked for privacy)
Status: Closed   Value: $30   
Answer
November 08, 2007 11:13 a.m. (5 minutes and 39 seconds later)
ACCEPTED Check Mark

No. That is illegal. The employer can not withhold wages earned. If your mother worked time she is entitled to the wages for that time worked regardless of any other aspect of the situation.

If the employer refuses to pay and your mother leaves she would certainly have grounds for a small claims lawsuit to retrieve the wages due to her. Small claims court is set up so that individuals can file lawsuits without paying for an attorney and she would appear to have excellent grounds for such a lawsuit if he refuses to pay her. If it comes to that, your mother can contact the local clerk of courts for information on filing a small claims lawsuit.

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PictureMatt Kesler  -- Researcher/Law Student -- 99% Positive Feedback on 1281 Legal Accepts
A year away from my J.D. and I've handled my own legal issues involving the business I own for years

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