i am 15 and live in kansas and was recently fired from my job working for Mc Donalds. They are refusing to give me my last check until i return the uniform. the uniform was never given to me by the company but by a previous worker who no longer needed it . I plan on giving back the uniform either way,but i just want to know if they can do this legally?
2007-08-21 16:50:20 · 18 answers · asked by Nelson R 1 in Politics & Government ➔ Law & Ethics
did you sign for your uniform on paper, if not consult you states labor department. I had a company try that ****, and I called state labor dept and they made the company give me my check. I f you didn't sign for it, you didn't receive it. man you are costing me points.
2007-08-21 16:56:58 · answer #1 · answered by alfie 3 · 0⤊ 1⤋
Absolutely not! The Department of Labor Laws are clear on this issue. One must be paid at lest the minimum wage and be paid for all hours worked. Cost of uniforms may be deducted from a worker's pay, but not if it takes them under the minimum wage per hour for the state or federal guidelines (which ever prevails).
If you were not issued a uniform, then the cost of such uniform cannot be deducted from your wages. If you were issued a uniform, the cost of such cannot be removed from your salary without your consent. If you are using another worker's uniform and were not issued a uniform, then that is an issue between the company and the former worker. The fact that you are wearing that uniform does not absolve you from paying for a uniform unless it was assigned directly to you.
In your case, it appears that you were wearing a uniform that belonged to a former employee. Without further evidence, it also appears that you weren't given your own uniform because you already had one from a former employee, who should have surrendered it upon separation. If this is the facts, then the company had no need to issue you a uniform since you already had one, even if it was one of a former employee. If the company allowed you to wear the uniform of a former employee, then they have agreed that you are the new owner of such uniform and it was paid for by the former employee.
You may want to call the Department of Labor. They are very helpful and side with employees for the most part. The website for your area is: http://www.dol.ks.gov/ or you can call them at 785-296-5000 and explain your situation. They will send you a form to fill out and investigate the practices of the business you worked for.
2007-08-22 00:18:02 · answer #2 · answered by Boomer 5 · 1⤊ 1⤋
LOL....this is funny.
I'm not laughing at you, but the 2 answers above.
You're 15. It's funny how you teenagers think.
1. you get fired from a burger joint
2. you are going to return the used uniform
3. you say you don't care.
4. illegally you have their junk
Why didn't you get a fresh uniform? Wasn't planning on staying.?
Either way. They must give you your check. You can be triffling and go to EDD.(labor board).
Then they can go after you for the used uniform. Probably only worth $30.
If you signed that you would return the uniform, prior to getting your final check, they can take the cost out, then give you the rest. They have to prove that they gave you one first. But you being 15, you probably signed your life away.
By the way. I kept my Burger King uniform for a souvenir, they didn't ask for it back, because they wouldn't give me any hours. I was too old.....they didn't like me being accurate, while all the others were ringing up wrong pictures, lol.
I only work there to see behind the scenes?
ADDITIONAL:
How many french fries did you pouch?
Also did they take meals out of your check?
Did you hand your friends free bags of food?
Who really go over? (smile) ;)
2007-08-22 00:08:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes it's legal and either way it's going to be in the fine print of whatever you signed when hired.
Just turn it in....... and you should do so soon. If you don't they could do the payroll and just deduct it anyway. Then since you are not currently employed they might send the check to that particular unit. Instead it will be MAILED to you from whatever company or part or McDonalds that issues the actual checks. You could end up waiting a month to get your check.
2007-08-22 10:59:39 · answer #4 · answered by jackson 7 · 0⤊ 0⤋
They cannot withhold payment for hours worked. Even if you have a uniform or any other property that belongs to them, that is an entirely separate issue. You should contact your states employment commission or dept. of labor and file a claim. Even if you don't do that, go back to your job and say that you did speak to someone and that they advised you to file a claim, but you said that you would give your ex-employer another try to give you your check. The last thing that any business wants or needs is the states labor commission investigating a claim.
Even if you signed something saying that they could, they cant. They have to release your check to you. Then they can start trying to get back whatever property or clothing that they say you still possess.
2007-08-21 23:56:51 · answer #5 · answered by dark_knight_1735 4 · 2⤊ 1⤋
Well, see I think that Mickey D's ha ha gives out the uniforms to employees and when they are done they are to give em back or pay for them .....your friend may have given it to you and just cut out the middle man in this case being MICKEY D'S but it wasn't his or hers to give to you that way they should have given it back to MD and then MD given it to you. This is kind of a silly issue....just give back the uniform...or where you planning on keeping it and putting it up like a shrine? I get that you may just be mad about being fired and just to make it an issue or make yourself feel better you are trying to make a lawsuit or a their wrong and I'm right thing out of it but don't and it's not a lawsuit and they are not wrong. Give back the uniform...you'll get the check....and move on be happy :)
2007-08-21 23:58:57 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Yeah, they can. Thier logic is that the uniform is company property. They tried that crap with me when I quit. The day after I quit, I took my stuff home and washed it prior to turning it in. I turned it into the manager on duty, but when I went to pick up my paycheck they said I had to turn it in. I told them to give my uniform and check with the manager I gave it to or I'd sue the crap out of them. McD's blows goats...
2007-08-22 01:29:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It really doesn't matter if it is illegal or not at this point. They know you are not stupid enough to sue them over not giving you your check until they receive their uniform.
Just follow the directions and it will all work out.
2007-08-22 00:06:12 · answer #8 · answered by bkc99xx 6 · 0⤊ 0⤋
Yes, I've worked for several places that withheld checks until I returned uniforms, or equipment they loaned me. Also you probably signed something when you got hired saying you had to return it or they'd keep your last check, although it could be a different process, but something similar.
2007-08-21 23:56:42 · answer #9 · answered by katesolo 4 · 3⤊ 0⤋
Legally or not I think they should - take your uniform in and get your check and stop trying to make a federal case out of everything.
2007-08-21 23:52:50 · answer #10 · answered by netjr 6 · 5⤊ 0⤋
I don't think they can, and I certainly don't think you should have to give it back. Think of what a great Halloween costume that'll make. You can spell out "PORCH MONKEY 4 LIFE" on the back in white tape and wear it to school, and tell everyone that you're "takin' it back". You will be the shizzle... you will get laid. Don't sell out to the man on this one, friend. That is your uniform, you earned it, and you've got the pimples to prove it.
2007-08-21 23:58:30 · answer #11 · answered by hellcat 2 · 1⤊ 0⤋