My employer issued a stop payment on my paycheck he issued for my wages after I resigned from the company for not receiving my paychecks when they were do. After many phone calls and e mails demanding my money he has refused to pay me for his bounced check and fees that overdrew my account. He has ignored my emails and refused my phone calls except one message that stated if I were to persue this legally he will only respond to an attorney. The employer knows I do not have the money for this. He issued the stop pay after I deposited the funds. Is this legal? How do I recover my wages. I notified him of the damage it had created with checks that I wrote against my deposit and he continues to ignore my requests for payment.
2006-10-16 10:07:07 · 13 answers · asked by Lucky Mom 4 in Politics & Government ➔ Law & Ethics
All you have to do is file a complaint with the board of labor for your wages.
I would also go down to small claims court first thing in the morning and file for the wages, bounced check charges, your time, distress, etc up to the maximum amount you can claim.
Since they are a company, the MUST respond via attorney and not personally. It will cost them a few hundred dollars MINIMUM and there is absolutely no way around it.
After his attorney calls to settle, refuse. Tell them you will see them in court and hang up. Don't discuss anything with them because you can cost him even more money when his lawyer is forced to appear in court. There is no defense to stopping a paycheck that is owed. You will win AND cost him about $1,000 extra in legal fees.
Stop screwing around leaving messages. File tomorrow and thats it. Cost the jerk some serious cash for treating you this way.
2006-10-16 11:23:56 · answer #1 · answered by BoomChikkaBoom 6 · 2⤊ 0⤋
There are a couple of things u may want to consider. First, was u'r employment on a contractual basis? and if so, what wasn't fulfilled in the agreement. As far as an attorney goes, u may not have to hire one outta pocket. Contact the local District Attorney's office and lodge a complaint there and see if they find him criminally liable for charges. Then u may also want to contact Better Business Bureau and lodge a complaint there for the record. Then if the D.A. doesn't take the matter then u can file a complaint u'rself without hiring an attorney. Just call or go to the clerk of court's office and inform them of the matter and state that u would like to a cause of action against u'r employer for their actions. Fees for filing will probably be asscessed at the time of filing, but is's still way cheaper than hiring a lawyer and u can represent u'rself. Just gather all the proof u can. Like the emails u sent, bank statements etc. Good luck!
2006-10-16 19:23:50 · answer #2 · answered by B2 2 · 0⤊ 0⤋
Apply for unemployment benefits. You quit for a good reason and they should honor your claim. Also they can tell you what government agency to contact to file a claim for past wages which were not paid. You will most likely get some good information and they will point you in the right direction. Maybe your former employer is broke and cannot pay his bills. In such cases I believe that employees get first dibs on the assets.
2006-10-16 23:18:42 · answer #3 · answered by taurus 4 · 0⤊ 0⤋
Contact the state wage and hour division first they work for free ( then after they find in your favor sue in small claims for damages - do not use small claims first they will want documentation that you may not have ) also in some states ( they will tell you ) they collect 2x or 3x the wages owed for you - the way to find them is through the employeement or labor office ( not knowing your state ???)
2006-10-16 17:11:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In Illinois, if your employer cheats you out of wages you have rightfully earned and you have to take him to court to recover the wages.... your employer must pay your attorneys fees.
Maybe it's the same in your state. You should look into it. Find a lawyer who will sue him for your wages and attorneys fees.
Good luck!
2006-10-16 19:05:52 · answer #5 · answered by chicago_mojo 2 · 0⤊ 0⤋
Take him to small claims court. Then he will have to pay for the bank fees, and the court fees. Save the recording of his voice for court. Also report him to the government, labor division. He may have other offenses that he doesn't want come to light.
2006-10-16 17:09:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call the Wage and Hourly Board and make a complaint.
2006-10-16 17:10:47 · answer #7 · answered by nite_raideress 4 · 0⤊ 1⤋
there is a Legal aid office where you are.there is a labor board too.what your boss has done is ILLEGAL i dont care how poor you are you can walk to your legal aid office and the labor board.
2006-10-16 17:16:12 · answer #8 · answered by miraclehand2020 5 · 0⤊ 0⤋
get an attorny and sue him... he cant with hold wages due for any reason
2006-10-16 17:15:04 · answer #9 · answered by Mediwizard 3 · 0⤊ 0⤋
don't get better than Ri or John's answers
2006-10-16 17:16:11 · answer #10 · answered by carlr234 2 · 0⤊ 0⤋