Former Employer Harassment

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andreaneil

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I worked for a small business from 10-27-05 until 5-7-07. In February of 2007 I was told that I was going to salary. I was paid the same amount of money every two weeks regardless of time worked. The owner would still make salaried employees punch in a time card.

When I quit, my former employer was so angry that he stopped payment on my last paycheck alleging that I owed the company money because I was "overpaid". I had to contact the Department of Labor about the issue and they ruled in my favor. He insisted that I was never salaried because he never officially put that information in my files and that I was overpaid 50+ hours. He tried to make me work those hours for free but I refused because I do not agree that I was overpaid. He now harasses me constantly to pay him back for those hours.

The proof I have is that I before I was salaried, my pay stub would say "hourly full time" and showed hours worked. When I was salaried my pay stubs said "salary" and showed no indication of hours worked. I have emails from the bookkeeper at the time saying that she was told to make payments to me accordingly. Plus, he admitted several bookkeeping errors including never paying me overtime. Also, I quit because of the fact that he would try to make me work for free, I was told the information about the alleged overpayment 2.5 weeks before I quit and I was STILL paid the same salaried amount even after that.

Does he have any right to collect that money from me?

Can I sue him for harassment?
 
No to the first question. He cannot retroactively reduce your wage.

What you describe does not qualify as harassment under employment law, but I can't say for certain that it wouldn't be harassment under civil law. Consult local counsel.
 
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