I recently left my job. I was a salaried employee, paid monthly. When my boss sent me my last check for my last month, he didn't calculate it as my salary divided by 12, but instead only counted the "work days" M-F. Does that even make sense, given that I was a salaried employee? For example, if there were 30 days in that last month, 8 of which were weekend days, he only paid me for 22 of the days in that month. Can he do that?
That does not sound correct. If you were paid monthly then you should have received the same monthly pay for your last month unless your employee handbook or other policy permits the employer to deduct wages for some unknown, reason after you provide notice of resignation. Contact the Department of Labor (state or federal) and they should help you. You may also be able to file an action in small claims court if neither DOL is willing to help. Consult an employment law attorney in Boston.
No. It's true that salaried employees don't usually get paid for weekends, but that only means that your work days are "worth more." What your boss has done is illegal.
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If you worked the full month, your check should have been for same amount as your prior checks. If not, then some math needs to be done but base it on dividing prior checks by work days and apply to the work days you worked in your last month. Tell your employer if it does not correct its error, you will pursue legal action and it will be required to pay you triple the amount it failed to pay AND your attorneys fees too! If that does not work, contact a lawyer to help you.
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