Unpaid wages and Hostile work environment

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Callen

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Hello, I want to thank you for reading this and I will keep this brief and to the point as point. This incident took place in Nashville, TN.

I recently resigned from my job on November 12, 2009. The reason for this resignation was in response the company's checks bouncing and a complaint made about me that was fabricated by my employer.

On October 29th, 2009 I received my check and on October 30th, 2009 I deposited my check into my bank. On November 5, 2009 the check bounced and was deducted from my bank account which had caused me to have a negative balance. I received a letter from my bank on November 9th, 2009 informing me that the paycheck that I deposited had bounced "due to insufficient funds" and there are overdraft fees. I immediately called my employer where I had to leave a message for he did not answer. Then I called 2 of my coworkers to find out if their checks had bounced, I was informed that according to their knowledged it had not bounced, but only to be informed that other employees in the past had bounced checks.

My boss called me back and I explained to him the situation. He immediately said that he was not responsible for what had transpired and explained that the "bank teller, did not understand that when he deposit the money it must immediately clear, and that the bank teller must have make a mistake". He want on to explain that he was only responsible for the check that did not clear and the charge back fee. I explained to him that there are other fees and he was relunctant to compensate. So a meeting was set up for the next day on November 10th, 2009 at his office.

On November 10th, 2009 I presented my case and documentation demonstrating the difficult position that I was placed. He made a new payroll check covering the expenses explained that I could take the copy of the check that bounced to the bank and cash it. During this meeting though he did not seem to be that concerned in regards to my check bouncing and why the error occurred and brought up an issue regarding a complaint about me. I asked what the complaint was about and he explained that a client that we were providing security for felt "unsafe" as I was "talking on my cell phone too much" and "not paying attention to their staff".

I was dumbfounded and later that day as I went to work at that specific location where the complaint came from asked if there were any concerns that need to be brought to my attention and they inqueried why I was asking and I explained to them that there was a complaint from them. They expressed to me that there was no complaint about me and that they would call if needed to straighten this out as there appears to be a mistake. Instead of that I asked them if they would sign a document expressing that there is a mistake and that no complaint existed. The management staff complied and all signed.

On November 12th, 2009 I presented this document exonerating me along with my resignation letter and the equipment and uniforms issued to me. He did not appreciate that I was insinuating that he was a liar and got upset started to cuss me out. I also did not receive my paycheck as that day was another payday and he also refused to give me my money that was being deducted from each paycheck that I received during my time with the company in the amount of 25 dollars. The full amount has accumulated to the total of 150 dollars. In regards to uniform fees and it was in congruence that once the companies uniforms and equipment was returned I would be repaid that money. He claims that I signed a contract specifiying that I forfeit that money if I should happen to leave the company prior to my 'probationary' period ending. I do not recall signing anything to that effect and asked him to present that document to me and he refused. He also refused to give me my bank account information that he has because he needed it to implement direct deposit and to this day I am not sure if it's implemented yet.

Both instances that took place on November 10th and November 12th were recorded by me. November 12th was important as he cussed me out and called me very vulgar names, and was adversarial about the whole matter.

I need advice on what to do now. I thank you for your patience and sorry that this was longer than expected.
 
For any NSF fees not reimbursed, you can bring a small claims action; the state DOL addresses wages only.

Cussing you out is not, in and of itself, illegal. Calling you vulgar names might be, but you've already quit, so what would you expect of a lawsuit? You can't sue for embarrassed or humiliated.

What is this $25 deduction for and why would you expect to get it back? What type of authorization did you sign for this deduction?

He doesn't need to "give you your bank account information" back. Whether or not he actually sets up direct deposit or not (I wouldn't bother if I were the payroll person at this point, since you don't work there any more).
 
What is this $25 deduction for and why would you expect to get it back? What type of authorization did you sign for this deduction?

Thank you for the response. The $25 deduction as stated for my paystub was for "uniforms". When I was hired he explained to look at it as a savings for me as I would receive this money back. It was measure to ensure that he would get his uniforms for which he bought and provided for the employees back. He went on to explain that after working there 3 months and if I had good work performance I would not only receive that money back, the 25 dollars would be stop being deducted from my net pay. He claims that I signed a document that I forfeited this money because I wasn't there long enough for the probationary period to end. However, I do not recall signing such an agreement, but only in regards to the uniforms being returned in satisfactory conditiong upon which I did have him sign a document stating that they were. This is why I requested for him to show me such of a document forfeiting that money, but he refused. What other options then? Small claims correct?

He doesn't need to "give you your bank account information" back.

There is an employee file that he keeps. He says it is property of the company. My reasoning for requesting this information back is the he never had implemented direct deposit, he was trying to get it implemented for his company but it had been a little over month. Also, I was informed by one of his "ranking" staff that they had problems misplace or losing employees files. That is why I was concerned and adament on getting that back because I am afraid of them losing such vital information and getting into the wrong hands.
 
You can try filing a complaint with the state Dept. of Labor for refund of the $25 deduction. It either works or it doesn't.

Any form you complete for the employer becomes the employer's property.
 
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