My husband started a new job and his old boss was ok with it-or so we thought. He gave his boss 2 weeks notice and went through all the standard procedures for leaving a job. When it came time for me to go pick up his last paycheck this week his boss stated that my husband had cut the mattress and curtains in the sleeper berth of the semi he drove for this man. He said"I know you need the money, but I have to be fair" I know for a fact that the mattress and curtains were NOT damaged. Can he legally withhold his paycheck? Is there anything we can legally do? Can we ask to see this so called damage before he takes any money from us?
2006-09-20 13:10:02 · 17 answers · asked by JL's Mom 3 in Business & Finance ➔ Careers & Employment
The previous boss cannot hold your husband's pay check as you provided the appropriate notice etc. You should ask this guy, if he has any proof that your husband damaged the property and if so why did he not tell your husband? He can only hold your husband's pay if your husband did not give the appropriate notice...that's called payment witheld in lieu of the notice period. Other than that the previous boss has no legs to stand on. If he continues to stand by his action by not paying you, I would advise that you inform this guy that you are going to take this matter further, i.e. Solicitor and if you really want to get nasty TV prgrams that would be interested in your story. He'll probably pay you the money because it's not worth the hassle to him. But if you do that remember that your husband would have burnt his bridges with that employer. Good luck!!
2006-09-20 16:07:01 · answer #1 · answered by jtgot1 3 · 0⤊ 0⤋
If it is at all possible to gain access to the truck BEFORE speaking with this awful man, do so and take photos to show there is no damage. THEN present him with the proof and tell him to either pay up in full or your next stop is to a lawyer. If you ask permission, this jerk will make certain there IS damage, but please, only do as I suggest if it can be done without breaking the law. Good Luck to you both and may someone, (I hope you and your husband) bring this guy down several pegs. Legally he can not with hold your husband's last paycheck, show him he has tried to cheat the wrong people, but do it legally. My husband was treated the same way when he drove a semi, do you by any chance live in Illinois? (LOL)
2006-09-20 13:23:14 · answer #2 · answered by Daydream Believer 7 · 0⤊ 0⤋
Don't know the answer but I'm definitely curious about what feedback you get. Couple of questions on this: - Is the amount they are withholding a pro-rated amount of the relocation cost (roughly 16% remaining on the 3 year period)? - Did the employment papers state anything about early termination by the employer or your husband? I only experienced the relocation expenses once in my career and it was for a one year term (was only a move to a neighboring state so it wasn't very expensive). If I relocate again, now that I'm further along in my career and have a bit more "junk" to haul along, I may find myself in this situation. Hope you get some good answers.
2016-03-26 23:43:31 · answer #3 · answered by Cheryl 4 · 0⤊ 0⤋
No. If your husband signed something befor hand and the boss cant prove the material in question was not damaged befor hand, or damaged by your husband, he has no choice but to give back the money.
I would advise;
Inform this Ex Boss you know your rights and there is no proof linking your husband to the crime. Inform him its all heir say and in the court of law, the case will be thrown out.
If he doesnt comply and give the money back, talk to legal people.
2006-09-20 13:14:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He can only take the money for the repairs if there are any to be made. Or to replace the mattress and curtain. But he does have to give him the difference of his check. I would call a lawyer just in case.
2006-09-20 13:13:27 · answer #5 · answered by Medical and Business Information 5 · 0⤊ 0⤋
It is flatly against the law. I know this because the same thing (with a very similar phony claim of damages) was done to me. He can not legally withhold that money. Go to the State not a lawyer.
2006-09-20 13:19:06 · answer #6 · answered by TalkingDonkey 3 · 0⤊ 0⤋
That sounds pretty unfair.Maybe you need to contact a lawyer.Look in the phone book..most lawyers will give you a free 15 minute free phone consultation so you can ask questions and see if you have a case.
Good luck.
2006-09-20 13:11:43 · answer #7 · answered by Kitty? 6 · 0⤊ 0⤋
if your husband had taxes taken out of his paycheck, he can go to the state labor board for assistance in getting his final paycheck. if your husband worked as a outside or a independent contractor, then he has to go to small claims court and sue him.... in either case, he should document as much information as he can, old pay stubs, any written paperwork or letters from this boss, and take to labor board or small claims court with him.....
2006-09-20 14:59:44 · answer #8 · answered by churchonthewayseniors 6 · 0⤊ 0⤋
What state do you live in? Sometimes there's a state agency that handles complaints of this type, which would be a less expensive alternative than hiring a lawyer.
I know California has a state agency that handles these.
2006-09-20 13:28:51 · answer #9 · answered by kbc10 4 · 0⤊ 0⤋
to anwser yes you can certainly ask to see the damages but further more legally he has to prove your husband did that you should really take action on this tell him you have been doing your research and legally he has to prove your husband did that in order for him to withold his pay check but legally he can not hold your husbands check off his word alone he needs hard evidence your husbad certainly has a case on his hands
2006-09-20 13:16:31 · answer #10 · answered by sugar sweet 1 · 0⤊ 0⤋