08-30-2005, 04:52 PM #1
- Join Date
- Aug 2005
- Thanked 0 Times in 0 Posts
Unjustly Fired for Theft, Witholding Pay
I have worked for a business for about 5 mths and was just "released", I was never specifically told I was fired or terminated or anything, I was taken off the schedule and had a meeting where I was told I was under suspicion of theft. Now I tried for a week after I came back from vaction to contact my direct manager to see what was going on. I finally cornered her and setup a meeting. Then the meeting never went through. I talked to another manager that has equal power. I was then told that the reason they weren't handing me my check was because they have a "thing" about giving final paychecks to employees who are no longer employeed and suspected of theft. Now the whole situation comes back to a period where I had to open the business, which i used to do 5 days a week. We have a start up "bag" in which is usually $155. Now this whole last week of employment I was told, after I brought it to the attention of my manager, that the start up would be at $105 until further notice so i shouldn't "be surprised". I don't trust any of them so i get a verification of the count everytime it isn't $155. That friday the bag was $105, so i went over to the co-business (attached and owned by the same owners) and had their opener verify and sign a piece of paper that says I started at $105. The next day I come in and was told I need to have a meeting before I start work... 2.5 hrs later... I finally get a meeting with an asst. mgr. I am told that my cashout is fine if I started with $105... but the person who filled the bag said that it was $155.. so I am being asked where the money went, so I tell them I have someone to back me up.. but the kicker is that his startup bag was $50 short too... so now I am unemployeed and they are witholding my pay and saying I could always pay them the $100 and get my final paycheck.. and it gets better.. i find out the same day as this meeting that my last paycheck issued 3 weeks ago just bounced... so I notify my former employer and they say they can see what they can do. My questions are real simple: What can I do legally, if it is contacting the DoL what department, Compliance? Also, since they have not payed all of their employees on regularly scheduled dates the whole summer, can I do something to see pay for the problems that caused with landlords and such? And finally, since this theft charge is B.S. can I do something to get some sort of justice about that? I would try to talk to a lawyer, but I am now -2 paychecks and the bank is in negative numbers
08-30-2005, 07:08 PM #2
- Join Date
- Apr 2005
- Thanked 200 Times in 200 Posts
The cannot withhold your check due to suspicion of theft. They have to sue you in small claims court to ge their money back. I would call the Dept. Of Labor ASAP and file a complaint.
You might want to send them a certified letter demanding final monies owed or legal action will be sought in which you might be entitled to treble damages, depending on your state.
It does not sound like this company is financially stable at all if you had problems with checks in the past. All they owe you now is your paycheck.
Time to start looking for another job asap.