Need legal advice...a little long

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bleurabbit7

bleurabbit7

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Upon a recent volunteer quit of my job due to a few reasons, I'm trying to get my last paycheck. The owner is witholding it. Can he legally do this? He claims he can and the reason he's giving is because I didn't leave a 2 weeks notice with them. He says because of my quiting, that I screwed him up so he's holding it for at least a month. Prior to my quiting, I've told the manager that I'll be leaving because of (I was a pizza delivery guy):
1. Gas prices are sky high. I told him if it goes past $2.75/gal, I'll be leaving.
2. Parts for my car are expensive. I drive a 1990 Audi Coupé quattro. I've spent over $1500 in repairs since I've started in January and it's in the shop again, expenses still unknown. Probably another $800-1200 more.
3. There is no respect for hard work in this place. Hard workers get treated the same or worse than people who hardly work and screw up alot.
4. After 3 months, I was promised a opening management position. I'm still waiting 6 months later with no talk of it.
I explain all of these facts to the owner. Well.....he didn't like it so now he's holding my check for 90 days (which are usually voided by then). Being fed up with the conversation, I said you'll be talking to someone and walked off. He stormed to me asking "Is that a threat?" I said "No it's not. You'll be talking to the Better Business Bureau when I get a hold of them." He proceed with "If that was a threat, I was going to lay you flat out." So I said "So you are threatening me now? Okay, like I said, you'll be talking to BBB after I get ahold of them." And drove off after that.

For all the 'legal' people that read this, I could use some advise. Also, when I talk to the BBB, should I mention to them that he avoids paying taxes by paying employees half check, half cash? Please help. Thanks.
 
well..as far as I know they can't withold money you worked for while on the payroll..simple as that..

As long as you were an employee..
that $ is yours
 
For the two-weeks-notice thing, you'd need to read your original contract. It should specify whether two weeks' notice is required, and what the consequences are if you don't follow it. If there's no mention anywhere of it's being required, then no.. he can't hold onto that check.

Holding your money longer (and it is your money) because you upset him, and threatening to "lay you out" is a definite no-no.

I'm not sure what all you can do about it, though... obviously, there are people like the BBB that you can talk to, and I'd suggest doing that at the earliest opportunity. An all-out legal battle is probably out of the question, but places like the BBB have awfully big guns that they're not afraid to use. I'd ask around, maybe talk to some people in your local government (city council, that sort of thing), see what they say.

Good luck. :)
 
The thing is, I've been management before and I know (unless of some legal reason), paychecks cannot be held. The guy's being a total d*** about it.

Thanks Jedi. I remember reading about a 2 weeks notice thing but don't remember signing/initialing that section. But it didn't say anything about them holding pay because of it.
 
I'd say that you've got a solid case against the jackass, especially after he threatened you. Threatening legal action on your part (which you didn't) is a far cry from threating physical harm (which he did). I'd start with the regional manager of your chain (assuming it is a chain) - he's likely to listen and not want the company involved with even potential legal action.

The BBB is also a good place to go though they normally concentrate on consumer issues - but I bet they at the least would have good advice for you, if they are not able/willing to take your case up directly.

Good luck.
 
I wish I knew what state you lived in, I could'ved helped you more.

Here in SoCal, whenever you fire somebody, you must have their last paycheck in your hands at the time of notification. This includes any and all money like vacation pay, overtime, etc. But, they can withhold payment of the last check if you have any property of theirs like uniforms, equipment, vehicles, etc. They can keep holding the check until you return everything back to them.

The Fair Labor Standards Act, the federal wage standards law, is enforced by the Wage-Hour Division of the U.S. Department of Labor. Wage-Hour's enforcement of FLSA is carried out by investigators stationed across the US who conduct investigations and gather data on wages, hours, and other employment conditions or practices, in order to determine whether an employer has complied with the law. Where violations are found, they also may recommend changes in employment practices to bring an employer into compliance.

However, that takes more time, so to make it easier on you, there is one thing for you to do. Sue the stupid bastard. You should easily win, provided you show the right laws to the judge in small claims court. Going to small claims court is the easiest thing to do in your case. But, you can get some Government agencies envolved for possible fines agains your former employer. Click on the link below. This has been extremely helpful to me in the past. You can find answers to any questions you have there, plus numbers to contact people if you need more help.

http://www.dol.gov/esa/contacts/whd/america2.htm
 
Yeah, definately talk to the BBB. Also, ask around your area for any good lawyers and I would try and see what they have to say, if it doesn't cost too much, :lol:.
 
Report him for sure.

I don't know much about employment law, and I'm miles from your country, but I bet some people would love to speak to him about that tax issue. :) That'll screw him over big time...
 
VTGT07
Yeah, definately talk to the BBB. Also, ask around your area for any good lawyers and I would try and see what they have to say, if it doesn't cost too much, :lol:.
Click to expand...
No, the BBB does not handle employee complaints. Only customers, and only if there is no future litigation. It's a chance to resolve small matters that are too small even for small claims court. But, you need to twist the arm of the BBB before they register your complaint.
 
The laws in the Us will be different but answer this,can you prove he threatend you? In the contrack did you sign the contract? You don't have to sign every page or part of it normally I'm guessing it was a normal contract. Abotu holding the check though, to be able to hold the cheque for 90 days is not legal over here, and I doubt very much it's legal over there. There are cases where a cheque/pay can be held for a month and the ammount altered if you leave without notice, they can remove bonuses that arn't gaurenteed to be given in the contract, most will be given at the discretion of the employer. Also if you owe the company any money like you've taken more hollidays than youre entitled to by 6 months in they can take thoes days pay out your final cheque/pay, but they can't hold the pay for 90 days in any situation I can recall over here.
 
When he threatened to lay you out were there any other people around? Were there any when you informed him that after gas went above a certain price you would quit? Those people would be useful in contacting and finding out what they heard so that you can make a solid case.


Also, it is my opinion that any time any time someone threatens to lay you out for something that is within your legal right that you do it. If they lay you out you then have a definite lawsuit with money and if they don't then they just look stupid. You should have said that yes, you were threatening legal action just to see what he did. When they don't try to lay you out you just say, "That's what I thought." and walk out. Best case scenario is they give you your pay to avoid legal issues.

Is this a chain store? Contact the main office. Papa John's and Pizza Hut are here in my hometown.
 
Thanks guys. I did find the the BBB wouldn't help in my case. But I will definitely be calling the Department of Labour. I cannot prove that he threatened me because it was verbal and there were no witnesses to it. The only thing I owe him are the 3 shirts and hat, which I had with me to exchange for my check. And the tax situation isn't going to leave my thoughts. There is definitely going to be an investigation about it. :trouble:
 
I hope you don't forget to claim that money that was paid to you in cash but doesn't show up on your w2 on your income taxes. ;)

You should take a look at your state labour laws online, or find a lawyer that offers free consultation, in many jurisdictions small claims courts have reduced filing costs and you don't need a lawyer. I'd forget about his threat of violence, it's secondary to the issue of your withheld pay, unless you can legitimately claim to be in fear, in which case you should contact your local police station and file a report ASAP.
 
Nah buddy... You don't have to trade the shirts for the check, Let him sue you for $5 worth of mechandise.

And seriously He can't hold your check for any reason, at any time. File with the DOL, quickly. I recently had to do this. Also, since he's not a nice person, report him to the IRS for auditing.
 
Funny I am upon this same situation almost myself. He has no right holding money owed.

I recently quit one of the two jobs I was working and to make a long story short. She opened her restraurant and didn't have money to pay rent last month. So I forfieted pay for a couple of weeks so she could pay rent. Well I quit last friday and a sum of over $700 is owed to me for my time. Basically on my departure I gave her 1 week to pay me all money owed. If she doesn't I will be calling the Wine and Spirit Commission on the restraurant and getting their liquor lincense revoked. It is a horrible deed on my part to do, but the flipside doesn't show a better way of doing business in itself.
 
I called DOL and they investiagated the situation. I received a call back saying I should have my check by friday. 👍 Now I just have to make a call to the IRS about the taxes issue. :trouble: Thank Damemorder for mentioning the IRS.
 
Damemorder
Also, since he's not a nice person, report him to the IRS for auditing.
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Be careful about that - if you've had half your pay in cash and you haven't been reporting it, you'll owe taxes on that, plus any penalties that might have accrued.
 
Duke
Be careful about that - if you've had half your pay in cash and you haven't been reporting it, you'll owe taxes on that, plus any penalties that might have accrued.
Click to expand...
True, and while it may be tough on you, the fines on your boss will be much larger.

This will really screw him over (potentially put him out of business) so it's the way to go if you really want to teach the guy not to mess with you. :trouble:
 

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