My husband's former employer put a stop payment on our paycheck from two weeks ago, and is not returning our calls. He claims my husband owes him money for damage done to a work truck (he does concrete), but that's just to get out of filing an insurance claim which to the best of my understanding is also technically illegal. But, even if that were so, would it be legal for them to stop payment to us all together?
2006-11-02 11:11:40 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on the state's laws here in NJ it is illegal and they can get locked up for that. Good Luck!
2006-11-02 11:14:38 · answer #1 · answered by natmys333 4 · 0⤊ 0⤋
I can't speak for all 50 states, but everywhere I've ever lived would definitely consider that illegal. He has to pay your husband for work performed, and if he has a problem with damages, that is is an entirely seperate issue. Contact your local labor department and file a complaint and have his investigated. That may be enough of a threat to get him to pay up. It also benefits you in that you shouldn't need to pay for the services of a laywer.
If he fights it, I recommend you do seek an attorney. He is breaking the law and is stealing from you. Also bring up the insurance issue when you talk to the Labor Dept.
I had an employer try to skip out on my social security by saying I was an "indpendant contractor" when I was clearly an employee. It was really mesing up my taxes and costing me money. All it took was one little call to the IRS and she quickly changed her ways. Hopefully the same will work for you.
2006-11-02 11:22:48 · answer #2 · answered by Sativa 4 · 1⤊ 0⤋
Just like the others have stated it depends on the state contact your local Labor Board and tell them what happened, l so ask if there is any penalties if it is illegal... where I live (i speak from first hand experience):
-If you give notice, they must pay you on your last day worked, they knew it was your last day and must pay you then
-if they fire you they must pay you on the spot
-if you were let go with notice, they have to pay you on your last day
-if you walk out without notice they must pay you on the next scheduled pay day
-if they don't pay you according to these guidelines and you are hourly, they must compensate you for 8 hours every day for the first 72 hours after that they have to pay you around the clock, the first eight hours of each day is regular pay, then over time 4 hours, then the rest is double time.
-it is different for salary but there is a formula they have to use to compinsate you
(I had a manager just refuse to give me my check, she even had it, she was given notice. I took her to the labor board they told her she was lucky I didn't sue for more...this was a few years back and laws do change, I told you my story because I want you to know there is always hope. I'm in California.)
Start with the labor board and if nothing happens there get a good lawyer
GOOD LUCK!
2006-11-02 11:28:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I don't know of a state where it is legal to withhold pay. Most states require employers to pay employees "x" days after they are fired and no later than the regular scheduled pay date for employees who quit. Essentially, he is withholding pay. If he has a dispute with your husband, he must notify him, which he seems to have done. But, he is not in a position to deduct it from his pay unless he has permission. If he wants to collect for damages that you guys don't agree to, he needs to take you to court. In this case, you'd need to sue him. Look into local laws to see if you need a small claims court (depends on amount of suit). You can involve an attorney, but you might do fine with pro bono advice from a good attorney. This sounds like a pretty straight forward violation of labor law.
2006-11-02 11:23:35 · answer #4 · answered by M H 3 · 1⤊ 0⤋
Check with your state dept of labor.
But, in MOST states it is illegal to withhold a paycheck for any reason. He can put a stop payment on the check, but he is forcing you to see him in person.
But, he must give you a paycheck for work performed. Get an attorney and get your money!
2006-11-02 11:15:07 · answer #5 · answered by nbasuperdupe 3 · 1⤊ 0⤋
while you're an particularly worker, touch the hard artwork board. while you're a subcontractor, they won't have the flexibility that can assist you. you additionally can try Blumenthal's place of work (state lawyer common). He merely loves getting his face on the information & looking like he's sticking up for the little guy. sturdy success.
2016-12-09 01:33:22 · answer #6 · answered by lot 4 · 0⤊ 0⤋