Company wants proof of sortware being deleted, no such prove is available from manufactor..?
I recently ended my employment with a salary positoin. I'm in another section of the state from where the main office is, and we used special software for the job. I recieved an email today saying that they must have the uninstall numbers from the software before they will pay me for what was worked. I called the software companys tech support, and after speaking with the software engineers found out that their is no uninstall numbers, that doesn't exist with the software. But the employeer is telling me that I have to have the numbers to prove that I erased the software. I completely dumped and reloaded my computer back to factory setting about a week ago, so even if I still had the software I couldn't get any uninstall numbers, they don't exist. So what can I do? Am I within my rights to tell them that if they want such confirmation to send out someone to my home and check the computer? And do they still have to pay? Thanks for all your help.
Tim
Answers (1)
Tim:
Ohio law requires your employer to pay you promptly upon earning your wage. Generally, this means within 30 days of performing the work. Ohio law does not permit the employer to withhold or deduct amounts from your pay unless it has a claim against you.
Based on your email, it appears that your employer is placing an unreasonable condition on your receipt of your final pay. It cannot do that any more than it can require you deliver a rock from the moon before it will pay you. That is, if the uninstall program does not generate a serial number (I have never heard of any program doing that), you obviously cannot deliver such a serial number.
Moreover, you are offering to prove to your employer that you have deleted the program. An inspection of your computer would be sufficient to do that. Finally, even if you refused to uninstall that program, your employer would have to prove some damage as a reseult of it. Keeping what is now probably useless software on your computer does not harm you.
Here is a link to the Ohio wage payment law:
http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2041&GRDescription3=&TextField=%3CJD%3A%224113%22%3ECHAPTER%204113%3A%20MISCELLANEOUS%20LABOR%20PROVISIONS&GRStructure1=4113&GRStructure2=
Bottom line: tell them to come to your home, check your computer and pay up.
Regards,
Neil.
posted by Neil Klingshirn | Oct 10, 2002 4:58 PM [EST]
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