Can a company legally hold a person's last pay check?

[diabeticman]

A cousin of mine started working for a company with a high turn over rate. She went to the first day of orientation about a month ago and in her orientation packet there was a paper she had to sign stating that if she quit or was fired during her first 6 months of work she would pay the company back for the physical, drug test and training.


She felt compelled to sign it but it hasn't sat right with her and now as she is working for the company some of things she is seeing and some of the things done by "higher ups" has her really questioning why she took the job.


Can this paper she felt she had to sign really be held to it or is this type of agreement or is it illegal

[csziggy]

1. The Department of Labor website might have that info

Or links to where to find it:
http://www.dol.gov/dol/topic/wages/lastpaycheck.htm

[Aerows]

3. Best place to look

It differs from state to state.

[csziggy]

5. Yes and that page has a link to find your state's site

That's I posted it rather than any of the other pages on last paycheck information.

[Aerows]

7. Indeed

Thanks for posting that csziggy

[Aerows]

2. It depends on the state

but in general, no. Does she have an insurance bond due to her work?

[elleng]

4. Adhesion Contract

http://legal-dictionary.thefreedictionary.com/Adhesion+Contract

Quite common

[Aerows]

6. MsAnthrope is an attorney who posts on here frequently

she would be qualified to offer an opinion, but in my experience it truly depends on the state and the contract.

[SheilaT]

8. Having to pay back costs of physical, etc,

Is nothing at all like holding a person's last paycheck. Not that the requirement to pay back hiring costs is very ethical, but I wouldn't be surprised if it's legal.

I'm reminded of how people used to think companies were holding back their paycheck when they simply didn't understand that it took a week or so to process payroll to get the check to them. Different thing, I know.

I have noticed that going to work for a company with a high turnover is rarely a good thing to do. It definitely means there's something very wrong with that company and that they probably aren't going to be good to work for.

How long has she worked there? How likely is she to make it to six months?

[Agschmid]

9. Depends if you are in a final pay state...

This website lists how an employe needs to be paid based on how they left (terminated or they choose to leave)... http://www.nolo.com/legal-encyclopedia/final-paycheck-employee-rights-chart-29882.html

I would not be surprised if the 6-month "probation" was totally legal.

[diabeticman]

10. She has been there 3 months now. been waiting for 2 months to get transfered to another house

because she is having physical issues working with one client. She is short and ended up hurting herself working with the client... so she is on light duty and out of the house now but she is scared she will be forced to go back to the house she got hurt at and is seriously thinking of quiting if they are going to put her back in that house but she doesn't want to have no money coming in.

[pnwmom]

11. No matter what, tell her to start documenting the irregularities she is seeing.

Dates, times, witnesses, descriptions.

She might need it someday if she does take legal measures.