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| *Ostroff, Fair and Company>>>Food Service |
Can someone who quit their job be forced to sign a no compete contract? Can the owner hold her pay? |
I work at a women's fitness club. A co worker/friend who just quit never signed a no compete contract. Her last day was last week. It specificly states she cannot have a gym membership during her employment or for up to two years after. Now the owner says if she doesn't sign he won't pay her or us. Can he do that? I tried to call the labor board to ask, but, was only able to leave a message. What the owner is doing is totally illegal. That contract should have been signed with the rest of the paperwork as a condition of employment/termination, therefore he can not force her to sign it. Your employer is required to pay all employees for all hours worked no matter what. He cannot just decide to not pay anyone unless your co-workers signs the contract. btw...his threatening to withhold everyone's pay if she doesn't sign is a "strong arm" technique to force her to sign, definitely illegal. This "boss" needs to be reported to the labor board as soon as possible. If you have no luck talking to someone you might consider calling the unemployment office because they may have additional contacts or other helpful information. Good luck. You can sue the employer for enforcing this clause on you. You are not liable to sign any document that restricts you from getting employment elsewhere in similar field. Unless there's breaches, the employer is also not allowed to hold back paying your salary. The first poster is correct. No employer may withhold wages already earned by hours worked, no matter what. The labor board will call back, might take a couple of days. Do no allow this unprofessional "boss" to play games with you. Advise him that you expect your wages promptly and that you have initiated legal council. Not legal! That would be something that would have to have been included in the original hiring employment contract not after someone quits. well, she should have never signed anything... But what does your employment contract say? He does not have rights to hold your pay because you earned it before you quit... I would keep trying the labor board to see... one word LAWSUIT!!! call the NLRB, national labor relations board, they are very very effective. be patient and let them deal with it. |
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