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I live in Texas. I'm trying to figure out what I can legally do in this situation. I'll try to make this as short as possible. I worked part time for a lady that just started up a bakery. I quite after about two and a half months because she was not paying me on time and making me hold the checks until the funds where in her account. I deposited my second to last paycheck right before I called in and quit on the 10th of May. On May 16th the money was removed from my account which I found out on May 21st that she had put a stop payment on it. Her reason was, while I was working for her I sat on one of her bar stools and it broke (it was not that nice of a stool) so I told her I would try to have a friend fix it. I still have it in my posession as that friend was pregnant and on bed rest so there has been some delay with getting it fixed. So my previous boss is stating that she took the money back to pay for this $99 stool (my check was for more). Plus she still owes me another paycheck.

2007-06-05 02:45:33 · 11 answers · asked by Julie 3 in Politics & Government Law & Ethics

I don't think she should be allowed to take money back and refuse to pay me for services rendered. She is saying she can. I never signed anything stating that I would replace broken items. I called and spoke with her on the 21st of May about this. She said she would call me back. It is now 2 weeks later and she has not done so. I sent her an email on Sunday June 3rs stating what we discussed and requesting a response by the end of business today. If she doesn't respond what can I do? I can't afford to do anything too crazy but I also don't think she should get away with this... Please help...thank you!

2007-06-05 02:48:58 · update #1

11 answers

This is from Texas labor law......

§ 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a)
An employer shall pay in full an employee who is discharged from
employment not later than the sixth day after the date the employee
is discharged.
(b) An employer shall pay in full an employee who leaves
employment other than by discharge not later than the next
regularly scheduled payday.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.

You need to contact the Texas Workforce Commission immediately and file a complaint. You do not need to hire a lawyer.

Employees Hotline 800-832-2829

Money CANNOT be deducted for the stool. That's illegal.

2007-06-05 03:30:18 · answer #1 · answered by Yak Rider 7 · 1 0

Go to the Labor Relations Board, the Better Business Bureau and get a lawyer.

2007-06-05 02:54:16 · answer #2 · answered by thatwench 5 · 3 0

Okay so heres a question...When you were hired did she fill out any tax paperwork for you? It sounds to me, I may be wrong, that she was giving you personal checks for paychecks and if she was doing this then very likely she was not taking taxes out of your checks. You can report her to IRS if this is the case, but other then that contact better business bureau and report her. I don't think that contacting the police will do any good so I wouldn't go that route.

2007-06-05 02:54:54 · answer #3 · answered by 11 Bang Bang 3 · 1 0

Check with the Tennessee Department of Labor, wage and hour division, about how to get help in collecting past due wages. You can likely file a claim for unpaid wages with them.

2016-04-01 03:21:05 · answer #4 · answered by Rebecca 4 · 0 0

Yeah get legal advise! In England we have something called the citizens advice bureau, not too sure if you have that but it'll be somethin like it.

Send her a letter, tell her you dont want bad vibes, but if it cant be settled, you are still going to proceed with getting legal advise and carrying it through!

2007-06-05 02:52:53 · answer #5 · answered by MancSta 2 · 1 1

okay first off you have given her enough chances and the labor board here where I live is useless (in florida). talk to an employment law lawyer since they most have free consultations and he or she can tell you where you stand . I would think that you stand in pretty good as far as a lawsuit stands . good luck .

2007-06-05 02:56:11 · answer #6 · answered by Kate T. 7 · 1 0

If you broke the bar stool (regardless of what kind of shape it was in) then you are obligated to pay for it and she can withhold the money for that but as far as the rest of your pay she can't hold it. She should have paid you your final pay minus the cost of the barstool. You should contact the Department of Labor.

2007-06-05 02:57:32 · answer #7 · answered by Coop's Wife 5 · 0 3

Labor relations board; file a complaint and let them settle it.

2007-06-05 02:48:34 · answer #8 · answered by wizjp 7 · 3 0

You are legally allowed to have that. you have to file a complaint with the Labor Board. If you do not she will get away with it.

2007-06-05 02:50:17 · answer #9 · answered by ? 4 · 2 1

Get a lawyer. It sounds like this woman will make things very complicated for you, and you shouldn't let her get her way. She's wrong.

2007-06-05 02:54:16 · answer #10 · answered by Samantha 4 · 1 1

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