I am employed as an OTR truck driver with Steve C. Davis, Inc. I gave a verbal notice to quit my job. I wanted to give the customary 2 week notice, however my employer literally took a temper tantrum and told me to move on and not to concern myself with a 2 weeks notice. Payroll cuts off at midnight every Sunday and all miles driven for that week are paid on the next Friday. I have direct deposit and have never experienced any problems with my P/R deposits, until now. The deposit is always posted to my account on Friday am by 6:00am. I did NOT receive any pay direct deposit or otherwise. I am quite certain this was no mistake. It resulted in my acct. being overdrawn, therefore incurring overdraft fees. This employer also withheld an extra $50.00 each week until there was $1000.00 put side
There are only a few specific situations where an employer can withhold pay that is due an employee. Contact the North Carolina Department of Labor. They will usually put pressure on the employer to pay you what are owed.
I agree with Mr. Huffman, there's potentially a "wage and hour" claim here. If the employer will not pay even after pressure from the Department of Labor, you have the right to file a civil claim for the money owed. In some situations you can be awarded double the amount owed and your attorneys' fees.
T. Shawn Howard
The information provided should not be considered legal advice and does not create an attorney client relationship. I am not licensed to practice in any State other than North Carolina. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
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