My rights to withhold pay?
Discussion
Ok... I'm the manager of a car rental branch and recently hired a new driver/valeter.
The driver/valeter is entitled to live and work here but is Lithuanian and still has close ties with "home".
Today (after approx 3 weeks of employment) he has told me that he is leaving. There is a compulsory 1 week notice period, but he starts his new job on Monday and said that there's no point lieing and calling in sick etc. (cheers for that..)
Now, the sticky. He asked about an advance in wages about a week ago - because of the slowness of the HR department in cutting cheques/bank holidays etc, i offered to pay him £100 out of my own pocket. He graciously accepted, the agreement being that he'll pay me on March 31st when he gets paid.
So i now have obvious concerns that he'll leg it with my £100 and i'll never see it again, and would like some kind of guarantee.
My HR department are aware of the loan i gave him, and told me that understand but that the decision was 100% mine - of course.
So anyway, they are all off today and monday, and i want some kind of guarantee of getting my money back.
Would i have any right to hold back a portion of his wages, say for example, because he didn't work his notice. And then release it once i get my £100? He seems honest enough and tells me he'll come in and give it to me on payday, but i have my doubts anyway.
So where do i stand? other than up to my neck in sh*t with a brutal learning experience?
The driver/valeter is entitled to live and work here but is Lithuanian and still has close ties with "home".
Today (after approx 3 weeks of employment) he has told me that he is leaving. There is a compulsory 1 week notice period, but he starts his new job on Monday and said that there's no point lieing and calling in sick etc. (cheers for that..)
Now, the sticky. He asked about an advance in wages about a week ago - because of the slowness of the HR department in cutting cheques/bank holidays etc, i offered to pay him £100 out of my own pocket. He graciously accepted, the agreement being that he'll pay me on March 31st when he gets paid.
So i now have obvious concerns that he'll leg it with my £100 and i'll never see it again, and would like some kind of guarantee.
My HR department are aware of the loan i gave him, and told me that understand but that the decision was 100% mine - of course.
So anyway, they are all off today and monday, and i want some kind of guarantee of getting my money back.
Would i have any right to hold back a portion of his wages, say for example, because he didn't work his notice. And then release it once i get my £100? He seems honest enough and tells me he'll come in and give it to me on payday, but i have my doubts anyway.
So where do i stand? other than up to my neck in sh*t with a brutal learning experience?
When I have been let down in the past by employees not working notice I have made a decision each time based upon the 'goodwill' of the situation.
In one case someone just didn't turn up and was uncontactable and we got a letter the next day saying they were resigning and not working their notice. Technically this is a breach of contract. You are lawfully entitled to damages. In our case I make this clear in the contract by stating that this damage would be the the cost of getting a replacement temp from an agency for the period of notice not worked.
Of course, this more than outweighs any wages still owed. In that situation I have written back stating the contract and why they weren't getting their final pay in lieu of our contract. An expensive lawyer may be able to pick holes in that and put forward an argument, but the fact is for that amount of money its not worth them doing it.
So, in practical terms, as oppose to legal ones, if you were to hold their wages until they paid you back, what can they do about it? Of course the official reason may be something to do with their notice, but as a back-up it may cover you.
I hasten to add this is not legal advice it is practical. In legal terms you have a personal contract with the guy. If you want your money back, you can take him to court.
In one case someone just didn't turn up and was uncontactable and we got a letter the next day saying they were resigning and not working their notice. Technically this is a breach of contract. You are lawfully entitled to damages. In our case I make this clear in the contract by stating that this damage would be the the cost of getting a replacement temp from an agency for the period of notice not worked.
Of course, this more than outweighs any wages still owed. In that situation I have written back stating the contract and why they weren't getting their final pay in lieu of our contract. An expensive lawyer may be able to pick holes in that and put forward an argument, but the fact is for that amount of money its not worth them doing it.
So, in practical terms, as oppose to legal ones, if you were to hold their wages until they paid you back, what can they do about it? Of course the official reason may be something to do with their notice, but as a back-up it may cover you.
I hasten to add this is not legal advice it is practical. In legal terms you have a personal contract with the guy. If you want your money back, you can take him to court.
yeah, hardly ideal. I'll try and get a temp from next week - i'm not overly fussed about the cost..
the thing is, if i pay this guy nothing, he'll have nothing to pay me. so i need to give him *something*.
I don't think i'll have the backing from HR though, as it is technically a personal agreement.. I just wanted to see if anyone knew of some ammo i could go to my HR dept with to facilitate holding back some of his cash..
the thing is, if i pay this guy nothing, he'll have nothing to pay me. so i need to give him *something*.
I don't think i'll have the backing from HR though, as it is technically a personal agreement.. I just wanted to see if anyone knew of some ammo i could go to my HR dept with to facilitate holding back some of his cash..
it's not all doom and gloom - cut off date was the 18th, so he'll get two and a bit weeks pay at the end of the month.. but the final ~£150 he'll not get til the end of April, and i'll try and get that held back for breach of contract - gives him all of April to pay me back.. if he does he'll get the final amount on April 30th.
I am glad he came in and paid, but you know what, I think you should do the same thing time and time again. You are obviously a good guy, you made a judgement call initially to lend him the money and you were proved right.
The fact that you got a little worried in the meantime doesnt change the fact you made the right call, and in this day and age you just gotta keep being the good guy. Dont forget you helped this guy out of a hole, that was the reason you lent him money.
I try and be a good guy and do what you did and 1 out of 10 people are gonna screw you but you've got to live how you want and come judgement day...you, and me hopefully! are going to win.
Well done.
The fact that you got a little worried in the meantime doesnt change the fact you made the right call, and in this day and age you just gotta keep being the good guy. Dont forget you helped this guy out of a hole, that was the reason you lent him money.
I try and be a good guy and do what you did and 1 out of 10 people are gonna screw you but you've got to live how you want and come judgement day...you, and me hopefully! are going to win.
Well done.
justin-banks said:
Yep, and I also know of a really low miler sold for £20k.
Must be one of the last SIII's 1989 onwards, Low Miles, and V12, they were handmade and are great cars. I really value them but only these, the rest and earlier cars have no interest for me.
Hey do you want to help out a fellow Justin and boost your karma by letting me have your next one for £100? Must be one of the last SIII's 1989 onwards, Low Miles, and V12, they were handmade and are great cars. I really value them but only these, the rest and earlier cars have no interest for me.
If its decent, and it sells I'll give you your £100 back!!!
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