In Massachusetts, can an employer legally withhold a paycheck as a 1099 subcontractor employee?

Question

My boyfriend recently got laid off about three weeks ago for the season as a 1099 subcontractor for a landscape company. His boss is refusing to pay him is final paycheck (over $1500) because he is being assused of breaking a machine that he did not break. Does his ex-boss have the right to do this? And what can my boyfriend legally do to make his ex-boss pay him what he is owed?

Thanks.

[e-mail]

Answer 1

1. Even if your boyfriend did break the machine, if it was a accident, it's not his responsibility. An employer has to take into account that loss of property can happen on a job. The employer's insurance should cover it.
2. If the employer has not taken legal action against your boyfriend, I would say he has no legal grounds for withholding a check. I believe it is legal to withhold money from an employee's paycheck if they legally owe the employer money, but this is not the case.

Your boyfriend should go to the Department of Labor office and let them know what is going on. They should be able to work it out with the employer.

Answer 2

You b/f should send a registered letter requesting immediate payment of the outstanding sum.
Do some follow-up research concerning procedure for small claims court, and be prepared to file the lawsuit should the ex-employer continue to refuse to pay.

Answer 3

Legally they could't. they could take the case earlier the courts, have it heard and be provided the quantity of the robbery earlier they could then document to have the wages of the worker garnished. note that this suggests they could't take the entire quantity from one or extra paycheck yet extremely have it taken out of various or extra.

Answer 4

Court is the only one who can resolve that. Boss needs proof that he broke it to keep his check.

Answer 5

Look into unemployment law. He probably cannot, but unless something is done about it, he can and will.

Answer 6

get a lawyer and sue