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Anyone know anything about labor/wage laws?

post #1 of 2
Thread Starter 
My mother took a new job last week. For her last check at her former employer, it will only include 6 days (five days worked and 6 days withheld for her portion of benefits).

She was informed today that they were going to take the FULL TWO WEEKS of benefits out (their pay periods go every two weeks) for her until they can figure out what the pro-rated amount would be for 6 days she had the coverage. Once they do that, they have told her they will go ahead and send her a check for the difference.

Can they do this?? So pretty much, they are holding EXTRA money coming to her until THEY can figure out what her portion really would be. They are going to pay her on the payday..no problem..but taking MORE out than what should be.

I don't know what the problem is of figuring this out with them....but that is what she was told.

Thanks in advance!
post #2 of 2
Yes, they can, as long as they do not withhold for a period of time that would create an "unjust burden and hardship to the employee" and send a check for any residual balance of her pay, usually within 14-30 days. I do not know the size of your mom's company or the type of employer, but many employers have to pay 1 month ahead for benefits such as as healthcare and dental or other options, and then recoup those monies from the employee, which is the withholding part of the gross pay before the net pay on the paycheck. Or, if they are withholding for benefits due for the past, they certainly have a right to calculate and then issue a balance to your mom. If your mother left abruptly or without a reasonable advance notice, then ever more so. The fact that their intention is to have it all wrapped up by the next payroll cycle is perfectly legitimate and shows they are making a good faith effort to get it done in a reasonable amount of time. Hope this helps~
A place to look for the laws and statues for the State of Michigan is through your local unemployment office or online unemployment office - many have links to State regulations on payroll and benefits.
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