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Early Payroll Check Pickup


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#1 Doral33166

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Posted 28 November 2012 - 08:21 PM

I have been employed for 19 years with an excellent work record and evaluations. While in between banks and without direct deposit for 2 pay cycles I picked up my paychecks early from the audit department. There is a check distribution policy but it does not address early pickups.
We have a new controller, has been with the company for 2 weeks, and he has told my manager that I need to be fired. In 19 years I have never done anything like this, this was done without even thinking, I needed my paycheck, I work in payroll so I knew it would be available on Thursday so I asked the audit dept, and it was given to me.
Can I be fired over this? isn't there a process of Written Warning? then Disciplinary Action and after the third offense the you can be fired?

#2 NewYorkEmploymentAttorney

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Posted 28 November 2012 - 09:02 PM

I am not sure what State you are working in, but if your employment is in New York State I would have to advise you that absent a contract you are an at will employee and as such can be terminated for almost any reason without notice or process, unless the termination is motivated in part by discrimination or retaliation against you for making a complaint of discrimination.

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Posted ImageThis answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to matters in New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us at our website: www.QueensEmploymentAttorney.com or via Twitter (https://twitter.com/#!/EmployAttorney) or Facebook (http://www.facebook....RicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

#3 Doral33166

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Posted 29 November 2012 - 05:36 AM

I'm in Florida; my issue with this is that this has happened before and those employees are still here. This is a large Medical Institution and if you know the right people you can get away with almost anything based on length of employment.

#4 pg1067

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Posted 29 November 2012 - 07:26 AM

Unless you (1) have a contract with your employer that limits your employer's ability to fire you, or (2) are a member of a labor union that has a collective bargaining agreement with your employer, you can be legally fired for just about any reason, including the reason you mentioned. Warnings and disciplinary procedures are matters of employer policy, not law.

#5 FindLaw_Amir

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Posted 29 November 2012 - 09:47 AM

To learn about this subject matter, you may wish to visit the Employment Law Center and read Losing a Job as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#6 Fallen

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Posted 29 November 2012 - 02:54 PM

Your details are a tad out of order and missing pieces, but I gather you supposedly offended someone's sensibilities by asking them to hand over a paycheck earlier than its issue date/payroll date.

"Can I be fired over this?"

For asking for your paycheck early? Sure, though it'd be kinda silly. Is there a reason why you're so wound up about this so as to delve so deeply into it?

"my issue with this is that this has happened before and those employees are still here. This is a large Medical Institution and if you know the right people you can get away with almost anything based on length of employment."

I have no idea what would prompt these kinds of comments based on the details you've posted. It isn't as though you described smacking someone upside the head. :)

If you are fired for asking for and receiving your paycheck early, there's no reason to think you won't qualify for unemployments.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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