As I was leaving I stopped to talk to a co-worker and gave him my phone number -- he said he knew of a place I could get an even better job at. The wife of the boss (she's not a superior in any way, she's just a loan officer) yells at me and says that I need to leave or she'll call the cops on me for trespassing. So... I start walking out the door and I mumble "b*tch" and head down the elevator. I get a phone call from my boss saying "Due to the actions you took as you were leaving, we're holding your check for 30 days and there may be a pending law suit."
Okay, I was NEVER a troublemaker and the reason (that the boss told me) I was getting fired was b/c I was a part-time employee and they needed to make cuts. Yes, I was upset, but I didn't start any drama... the only negative thing I said was the b*tch thing. Can they really sue me and hold my check for that long?
2007-04-26 06:42:10 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No, by law they must give you your check within 48 hours of your dismaissal and by the next pay period if you quit. Call the labor board and take action. As for holding your exit language against you, you were not on their clock, freedom of speech is allowed, and since you were moving toward the door, trespassing charges have no validity and could only be invoked if you returned after your dismissal. When you go to collect your unemployment, I would mention this particular incident and bring up the term "hostile workplace." You have the right to file a complaint with NLRB, demand your check immediately and countersue. By the way, were there any witnesses to the "B" word or is it just her word against yours, and who's to disprove you only mumbled "witch" or "go scratch an itch?" Still can't cite you even for the "B" word.
2007-04-26 07:06:25 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'd call your boss or, better yet, send him a certified letter (so you have proof that he received it) informing him that his actions violate the Fair Labor Standards Act as well as several state and local government laws (I don't know what state your in but you can look up the employment laws for your state online).
I would then demand that your paycheck be given to you within a reasonable time frame (ie. if you get paid every friday, tell him that you expect to it by the following Wednesday) or you will file a complaint with your State's attorney's office, the US Equal Employement Opportunity Commission, The US Department of Labor, the Better Business Bureau, and that you will also hire an employment attorney to bring legal action against the company, and him personally, for discrimination.
Chances are good that he won't want that kind of trouble and
since you were a part-time employee, it would probably cost much, much more to fight this than to just give you your paycheck.
2007-04-26 13:57:02 · answer #2 · answered by Brandon G 2 · 1⤊ 0⤋
Sounds like they're blowing smoke. Did you sign any type of employment contract? If not, they have no right to withhold your paycheck and they have zero grounds to sue you. Talk to a lawyer. If you can't afford one, try looking in the Yellow Pages for one that'll give you a free initial consultation. There's a very good possibility that you can sue them for damages if they hold your paycheck.
2007-04-26 13:51:08 · answer #3 · answered by sarge927 7 · 1⤊ 0⤋
What state are you in?
I don't know of any state that allows employers 30 days to pay a terminated employee.
The best place to start is your state department of labor or its equivalent as this is not a federal issue. They will sue on your behalf, impose penalties, and are better at collecting than a private attorney.
2007-04-26 14:13:35 · answer #4 · answered by Scotty 4 · 0⤊ 0⤋
Sue you, probably not. Hold your check, well, that depends on whether you stand up to them or not.
Contact an attorney that handles such things and see what a letter from them will do.
Count yourself lucky you don't work for such people. If they treat employees this way, how do they treat clients?
Open your own business.
2007-04-26 13:52:43 · answer #5 · answered by open4one 7 · 0⤊ 0⤋
Legally, they cannot hold your paycheck because their feelings are hurt. I would call him back and say that you are contacting the U.S. Dept of Labor. And he obviously hasn't heard about disgruntled employees at the post office.
2007-04-26 13:51:14 · answer #6 · answered by Katyana 4 · 1⤊ 0⤋
They can't hold your paycheck. You need to take action!
2007-04-26 13:50:04 · answer #7 · answered by Cat 6 · 2⤊ 0⤋
If you worked and earned that money, then the check is yours.
2007-04-26 14:17:38 · answer #8 · answered by ? 6 · 0⤊ 0⤋