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    Employer witholding final paycheck + accusations of stealing

    I worked for my former employer for almost three years. I worked as an office clerk, and was babysitting employer's daughter at night and weekends - sometimes babysitting more than doing the office work. After my salary was reduced - employer claimed it to be a "mistake" in the communication with the accountant - I left the company, and found a new job. My final pay for three weeks was not paid on time. The accountant said she is not in charge, but the owner himself. I communicated to the accountant if my paycheck won't be ready in two weeks time from the original pay date, I will put a claim for my pay to Small Claims Court. When checking on the status of my paycheck by the employment agency that found me my current job, they called my employer, and found out that I was being accused of stealing a laptop from my former employer, and he raised other proofless accusations of stealing.
    I wonder whether this might be my employer's way avoiding to pay me. I am worried that - since he himself, and his wife as well, is a lawyer - I might get into a serious legal dispute, if i file a claim at Small Claims Court. Is there a way I can protect myself from being accused, or having a charge brought against me for stealing?


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    You say they have no proof that you stole this lap-top........I am willing to bet that you have not been arested, or charged with anything....Have the police contacted you and taken any statments.....??
    Have the police even been called.....??
    They can not hold your check for any reason........If the believe you have stolen something they need to contact the police and file charges. If they want to be paid for what they say you took then they need to get a judgment against you. You can not take someones property (your check) without a judgment........ask these attorney(s) if they would like to go to court and explain why they violated your "due process" in that they have seized your property without a judgment. (13th amendment)
    Good luck

    Gary

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    Moderator Honorable Scholar

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    Your employer is breaking the law by withholding your paycheck. Call your state labor board and make a complaint.
    I am not an attorney. Do not consider this legal advice.

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    Quote Originally Posted by soncraignent View Post
    I worked for my former employer for almost three years. I worked as an office clerk, and was babysitting employer's daughter at night and weekends - sometimes babysitting more than doing the office work. After my salary was reduced - employer claimed it to be a "mistake" in the communication with the accountant - I left the company, and found a new job. My final pay for three weeks was not paid on time. The accountant said she is not in charge, but the owner himself. I communicated to the accountant if my paycheck won't be ready in two weeks time from the original pay date, I will put a claim for my pay to Small Claims Court. When checking on the status of my paycheck by the employment agency that found me my current job, they called my employer, and found out that I was being accused of stealing a laptop from my former employer, and he raised other proofless accusations of stealing.
    I wonder whether this might be my employer's way avoiding to pay me. I am worried that - since he himself, and his wife as well, is a lawyer - I might get into a serious legal dispute, if i file a claim at Small Claims Court. Is there a way I can protect myself from being accused, or having a charge brought against me for stealing?
    Continue your claim in small claims court, state labor boards are to slow. The employer has to prove you stole a computer in a counter claim. If you did not steal a computer proceed with the suite.

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    I dont agree with you green hornet about state labor boards. I had the same issue in RI about a company that fired me just to keep the 6,000 in commission I had made that month. I filed a claim with the state labor board and filed a complaint with the BBB. The state labor board sent a letter to the company saying that there were going to fine the company 1000 a day until they paid me. I got my money pretty quick after that.

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    Most state courts,(And all Federal Courts for F.L.S.A violations) award double damages for unpaid wages in court. The administrative agency do not.
    Last edited by thelawprofessor; 03-02-2008 at 08:42 PM. Reason: Removed parts where another poster antagonized user

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