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Quitting without notice - longtimemt

Posted: Feb 10, 2014

If I work as an IC and quit without giving any notice, can the lady I work for legally withhold my paycheck and not pay my final invoice? I know as an IC we really do not have any rights with the labor board so if she does not pay me what would be my next course of action? I have never quit without notice but due to the circumstances she has left me without many options.

If she withheld your check, maybe you could - sue her in Small Claims Court?

[ In Reply To ..]
If you can prove you did the work, then I'm pretty sure that by law she's got to pay you.

No, she cannot withhold your check. - You do have rights.

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If she does not pay you, you need to take her to court, and you should tell her that.

She should also be identified on the Company Board (sm) - Rose

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I hope she doesn't give you problems. Good luck.

Most definitely!!! - Put Her Name in Lights, STAT

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We need to stick together on this one, ladies/gents. The time frame of your resignation has NOTHING TO DO WITH your money or benefits you have earned. B.S!

Is she in Maine, because I had an MTSO in - MT from Cali

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Maine withhold a LARGE check from me because I did not give a 2-week notice.

IC status - ICMT

[ In Reply To ..]
What does your contract say?

W/o a contract she can TRY to keep your check and your resource would be to file a claim in small claims court to recover it. Just like if you didn't pay the plumber, he'd sue you to get paid.

If you never get paid, remember to write it off as a loss when you do your taxes.

Quitting - Just me

[ In Reply To ..]
I'm sure you have a good reason for quitting without notice. I am not familiar with your situation, but I can see things from your client's point of view. You are leaving her high and dry with no replacement and there are probably turnaround times involved. In some ways, it makes sense to hold that last paycheck. It is going to cost her to advertise and recruit. In addition to holding your pay, think about future employment and the kind of recommendation you may receive. Are things that bad? Maybe you could compromise and at least stay a week. You could probably take her to court if there are issues with your final check, but try seeing things from both sides. I'm an employee and would never consider just walking off the job like that. My facility does not compensate people for their PTO if they quit without giving notice. There are costs involved when a person quits.

I have looked at both sides. - longtimemt

[ In Reply To ..]
I have looked at it from both sides. There has literally been very little to no work because the contract has been in negotiations for about 2 months now. Some days I get 10 reports, some days I get 0, some days 20, some days do not get them until about 2 p.m. and they have to be returned by 8 p.m. Then come the weekend I get tons of work about 5 o'clock on Friday afternoon that has to go back by Sunday at 5 so spend all weekend here. I am not worried about a recommendation, I have done this 30 years and have plenty of references. It is just time consuming and cannot make any plans to even work for another person as an IC because the work has such short turn around. Just not satisfactory working situation at this point, I cannot make a living with them at this point.

Totally understandable - Just me

[ In Reply To ..]
However, you would rather quit on the spot and risk losing your last paycheck than giving notice? I'm sure she would appreciate a heads up so she has time to find a replacement. Also, I wouldn't burn any bridges and assume that just because you have 30 years of experience that you won't need this person to give you a recommendation at some point. Even if you don't use her for a reference, employers do employment verification. Quitting without giving notice looks bad, even for ICs. Get another job lined up, give them a start date and give your notice to the other employer, no big deal. Leaving on good terms will go a long way to making sure you receive your money. I'm not defending anyone, but it's just common courtesy.

WT*? Where do you get off suggestion... SM - Matt

[ In Reply To ..]
justification by an MTSO withholding a paycheck or earned PTO because an employee quits without notice, because there are costs involved in recruiting & hiring. This is true with any business, anywhere. (Right, so the vastly underpaid MT should bear the cost of training, recruiting & hiring his/her replacement... do you hear how ridiculous you sound, suit?).

Do the MTSOs give advance notice with their terminations? Answer and justify that one. The MT will likewise have expenses with finding a new job at the drop of a dime, just like the MTSO, when he/she is left "high & dry"... but that's O.K. with you and them. Also, the MTSO can much easily absord the inconvenience of a sudden resignation unless there is only one employee).

If I'm abused or mistreated by an MTSO more than already tolerable, darned straight I'm not going to wait around another 2 weeks for more.. so they can cut my work load & then given the the bottom of the barrel to work on. So just let them TRY to withhold my paycheck or PTO as punishment... I'll be yelling "DOL" sooooo fast!

Getting off - Just me

[ In Reply To ..]
Well, I know what I would do because I wouldn't want to risk not getting my final check. If I quit my on site job, I would stick it out those last 2 weeks because I wouldn't want to lose getting paid for my PTO. It's company policy and is in the employee handbook. I don't make the rules, but I play by them. Employers aren't made of money either, and they don't owe MTs a living, regardless of what all of you seem to think because you are so special. Okay fine, quit before you have no other employment and risk losing more pay. I don't give a flying leap what you do. I am not a suit, by the way but an MT like the rest of you who has paid my dues many times over.

You're missing something here ... - anon

[ In Reply To ..]
The poster is an IC. That is an entirely different relationship than an employee. You can yell DOL all you like, but the laws regarding an IC are entirely different than an employee. One of the laws governing an IC is that termination without notice or reason is not allowed. Also, the poster should have signed a contract with the MTSO governing termination of the contract, amount of time needed to be given, etc. Some IC contracts such as with hospitals require 30 days notification. Some contracts cannot be terminated before the expiration of the contract.

No. It is illegal to withhold pay for services performed. - nm

[ In Reply To ..]

Quitting for Just ME - Jan

[ In Reply To ..]
Most of these MTSOs have an "open door" policy. Believe me they can let us go pronto without two-week's notice when they lose an account even though they know they are losing the account well in advance. So the door swings both ways. I would give a 2-week notice if the conduct of the MTSO warrants it. I gave proper notice on my recent job because they were fair and professional with me and warranted the respect of my giving notice.

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