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Last October, I was fired from a small botique for supposedly stealing something. I was told over the phone, and didn't really get a chance to explain myself thoroughly. I never recieved my last pay check either. I most certainly didn't steal the dress (it was two sizes too big for me, common now) but was fired becuase one of the other girls said I did it. Everytime I think about it, I get really upset. My confidence was pretty ruined by this experience, not to mention I was out of a job. Do you think emotional distress and being fired under false pretenses (is that what you call it?) without recieving my last paycheck is grounds for a law suit?

2007-02-12 12:56:18 · 10 answers · asked by Alexandra F 1 in Politics & Government Law & Ethics

10 answers

Depending on your state laws, there he may incur severe penalties, and interest, for with-holding your paycheck. Send him a registered letter immediately, demanding payment. Contact your local labor relations board. Consult an attorney.

2007-02-12 13:08:27 · answer #1 · answered by Don 6 · 1 0

Find an attorney that handles wrongful dismissal, workman's compensation and that sort of thing. Make a phone call and discuss it with him/her over the phone - tell them that you'd be willing to work the deal on a percentage basis (contingency), but no cash out of your pocket. If there is a basis for the case, and decent damages, they'll take it on contingency, but this usually runs 30-40% plus, depending on the time the attorney has to invest relative to the fee he might receive and the amount of risk in winning.

On a second thought, if the attorney feels that you are in the right, but the money is not worth it, you might ask how much the attorney would want to write a letter on your behalf to the employer for the last pay check. The employer may just cough up the paycheck to avoid the lawsuit. If your check is not much, the letter wouldn't be worth the effort. The attorney would need a couple hundred to write the letter.

Anyway, its food for thought. At least you can find out for sure it there is anything to purse without spending anything.

Other that that - if there is no money in it for the wrongful dismissal, like the other folks said, just walk. It isn't worth the sweat.

2007-02-12 13:13:19 · answer #2 · answered by ? 4 · 1 0

You don't need to file a lawsuit to get your last check. Your employer cannot withhold your check because it was alleged you stole something. There should be a labor relations or similar agency where you are that can help you out. They could even make them reinstate you if the firing was illegal(I don't know why you would under these circumstances). If not you can go to Small Claims Court to get your check.

As far as a lawsuit. Don't waste your energy just move on. It will cost you more to prove your emotional distress damaged you monetarily than you would realize if successful. A lawsuit is to make you whole again, not punish the other party. It is not a payday.

2007-02-12 13:04:23 · answer #3 · answered by meathookcook 6 · 0 0

It's a crime to deny a person their paycheck! Small time employers do this all the time when they run short of cash. It's about time some of they went to jail for it.

As for actually getting PAID, you might try consulting with your local Legal Aid Society before you contact your state's wage and labor department.

After all, it's their word against yours. They've probably done this to many others and are experienced abusers.

2007-02-12 13:11:12 · answer #4 · answered by elge13 3 · 1 0

In my journey maximum individuals do no longer wait six monthe to declare that they did no longer scouse borrow something, or attempt to get their pay. If via some threat you quite telling the certainty, you've got the skill to coach it. you assert you get incredibly dissatisfied whenever you think of roughly it, do you harm out in hives, do you opt for medicine, have you ever considered a doctor or cut back. Do you propose to declare that it is so undesirable which you haven't any longer been in a position to do something, flow to college or paintings for the final six months. It does not sound such as you have lots of a case.

2016-10-02 01:15:11 · answer #5 · answered by ? 4 · 0 0

Hi,
I think you have a wrongful termination suit.
I highly suggest that you ask for your termination and the reason in writing. (dont forget to ask for your final paycheck.)

Then you will need proof you didnt steal the dress.

You do have the right to get your last check if not anything else, and if you dont, you can contact the employment dept in your city.state, to make a complaint.

2007-02-12 13:06:42 · answer #6 · answered by Dawn H 3 · 0 0

well, unless they have proof, they had no grounds to fire you for stealing. however, more than likely if you take them to court they will make up something about your job performance lacking in certain areas. however, they legally have to give you your last paycheck. overall, you could probably sue, but it would be really hard to prove anything and it would end up costing you more in lawyers fees than you would actually get.

2007-02-12 13:01:20 · answer #7 · answered by redpeach_mi 7 · 0 0

You are definitely entitled to your final paycheck - you should send a written request to the boutique directing them to send it to you via mail. Set a one week deadline. Send the letter with a receipt - you may later have to prove you sent it.

You're unlikely to succeed in pursuing a wrongful dismissal - you have no proof - they can claim you left and never gave notice, returned!


Good luck...

2007-02-12 13:04:02 · answer #8 · answered by fdm215 7 · 0 0

Seems snotty of the person, but I would not bother with a lawsuit due to expense.

2007-02-12 13:00:12 · answer #9 · answered by trigunmarksman 6 · 0 0

yes i think so, but it might not be worth it with money.....

2007-02-12 13:04:40 · answer #10 · answered by Whats my name? 5 · 0 0

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