Penalized For Quitting?

[Sableonblonde]

My state is a Will To Work state. According to wikipedia:

At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1]

A friend of mine just started a new job, and as I was flipping through his employee handbook I saw that if an employee doesn't give two weeks notice before resigning, they'll be fined $500.00. I've never heard of that before. If there is a will to work law in effect, how could a company penalize you for quitting suddenly? Is that legal? Or is pretty normal? I'm confused.

[crashhelmet]

The only way they could legally do that, I assume, is if they had some sort of contractual agreement and it was a hiring bonus of some sort. Otherwise, the state labor board would have their head on a platter. It gets into indentured servitude issues.

CH

[Pedersen]

Potential danger: Is there some portion of the employee handbook which has to be signed/turned in?

If so, re-read that section. It could make the handbook into a contract, which could make it very enforceable.

Just double-check before assuming it won't hold water. And ask with the state labor board to make sure.

[wagegoth]

Did he sign anything that said he received the employee handbook and had read its contents?

[Gurndigarn]

Also, if he is an hourly worker, they can't do anything that would lower his pay below minimum wage.

[Sableonblonde]

Well actually to have called it an employee handbook was a little misleading, it was not technically a handbook. It was a bunch of typed of pages printed out and stapled together. There was nowhere on there that required a signature. I don't know if he signed anything else though.

[Sandman]

That could come back to bite them in the ass if they don't give the same thing on their end. They fire you without giving you two weeks notice... they should give out $500.

[marasbaras]

I would also refrain from using Wikipedia as anythign but an amusing source of a lot of trivia.

If your friend signed anything, read what they signed. It may say something like "agrees to employee handbook".

[MadMike]

If so, re-read that section. It could make the handbook into a contract, which could make it very enforceable.

...unless the contract itself is illegal.

Best thing to do would be to talk to a lawyer.

[Racket_Man]

the other reason could be is that the company invested in some kind of training uinque to them.

the trucking comany headquartered in my town trains new drivers at several facilities around the country. if the new driver quits before their first year of service anniv. they have to pay the company back some $4000 or $5000, the sum the company "invested" in their training.

the wikipida article is fairly correct though

[wagegoth]

The signed verification would probably have been kept by HR, although he should have been given a copy. If he didn't sign for it, then I think this is something he should hold onto for when he does leave. If they try to hold his money, he should contact the labor board. Or, if he wants to, he can contact the labor board now, but it could lead to problems down the line.

[blas]

I have never heard of such a thing.

[tropicsgoddess]

I've never heard of anything like that before where an employee is FINED for quitting. Was there equipment that he had to pay for like headsets, etc. or some other clause in the contract (if he's a contracted employee) about the fine?

[Sableonblonde]

No, I don't think he received any kind of special equipment or anything...he's a valet. Another thing that seemed strange to me is that they make you buy a uniform but then you have to turn it in at the end of your employment. I told him I hope they reimburse him for it at least.

He's not at all concerned or worried about this at all, I was just wondering if anyone had ever heard of this. I know a lot of places have big problems with employees quitting without notice. This is obviously their attempt at trying to prevent that happening, at least as frequently. I was just shocked when I read that, since I'd never heard of it before.

[Andara Bledin]

They make you pay for a uniform out of pocket, and then make you turn it in? He'd better be getting money back on that one.

Actually, it may be illegal in your area for them to require employees to pay for job-mandated work attire.

And as far as I know, that "clause" in the employee handbook (it's still a handbook, no matter how cheaply it's made) is unenforceable, but IANAL, so don't just take my word for it.

....

According to Nolo.com, in the state of California, it is illegal for a company that requires uniforms to make the employee pay for them. The employer can require a deposit on uniforms, but must return the deposit upon return of the uniform. If the uniform is not returned, the employer can legally keep the deposit and the balance of the purchase price of the uniform from the employee's final paycheck.

Oh, and if someone is making minimum wage, and their uniform requires more than standard cleaning (other than just tossing it with the rest of your laundry), then the employer must either cover the exact costs of the cleaning, or pay the employee an hour of straight time. This is stated in an HR Magazine article from 2003 and cites Publication 1428, published in March 1984 by the U.S. Department of Labor's Wage and Hour Division.

According to a 2002 article on the website for Du Val Business Law, the laws in Oregon state that any employer who erroneously deducts any amount from a final paycheck must pay either $200.00 or the actual amount, whichever is greater, plus court costs.

Deductions from final paychecks are really, really tricky, and I'm willing to bet that a deduction from the final paycheck for not giving notice in an hourly at will employment situation won't be legal.

Best bet: call up the local department of labor and ask them.

^-.-^