Can they do this?

Question

OK, my mother lost her job but had emergency money saved for 6 months, and I'm 14-years-old but can be mistaken for an adult.

In my state you must be 16 in order to be hired for a job but I wanted to help out so I lied on my job application and said I was 18. Well I got caught and was fired but I made my first paycheck of 120.00. I have a state ID (anyone can get one) so I cashed the check and now they want their money back.

Answer 1

No they can't do that.
You worked for it and you should have it.
Even though it was wrong of you to lie, it's your money.
They want the money back so you can't hold them accountable for child labor and such.
It's a really big mess when things like this happen because at th end of the year, the company has to put where the money goes and if it goes to someone who wasn't of age to get a job, then they're in trouble for child labor and not making sure that new hires are good for work.
But yes, the money should be yours because you worked for it.
I just think that it might do worse in the long run for both you and the company, which really sucks because you did it out of need.
Next time, try getting a work permit. With your situation it's very sure that you can get one.

Answer 2

The answer about calling the labor board is right.

Now the fact that you lied on your application is legal grounds for firing. But.....

When you get hired in the US every employer is required to fill out an I-9 form. That means two forms of ID. Did you fill one out? If not you are good to go. Even if you did they should have caught the age then.

They may say well you might get in trouble. Say fine. If the age laws are such in your state THEY may get into trouble. If they are on about 120.00 I bet they have many more issues that they would not want the labor board looking into. Plus they would probably order them to pay you anyway.

So tell them to go for it and have no further contact w. them. It would cost them more than 120.00 to take any legal action. Plus any lawyer would say leave it alone.

If they get really mean you could say the manager or owner TOLD you to misrepresent your age. Your Mom could call and get irate.

You could even say that you were doing this for a future school project in which you were going to one day write about underage employment, illegal immigration and child labor laws.

Answer 3

If you don't return the money voluntarily, then they will have to sue you and that will cost more than $120.00 in attorneys fees and costs. I assume that you have spent the money to help out with household bills.

If I were in your position, I would write the owner of the company and explain why you lied about your age on the job application and how it is impossible for you to repay the $120.00 at this time. Perhaps the company will drop the whole matter.

If the company insists that you repay the $120.00, then you could always ask for help from a charitable organization like Catholic Charities. Alternatively, you could contact a columnist at your city/town's largest newspaper and explain what happened and why and see if they could convince the company to let this matter slide. (I think many a newspaper columnist would love to write a story about your mother's hardship and your attempt to help pull your weight by getting a job of your own. The kind of initiative you have shown used to be revered in this country!)

Good luck.

Answer 4

What state is this? I am in California and it is perfectly legal for a 14 year old to have a job with a work permit. Why in the world did you say you were 18 instead of 16? Because of the need for a work permit? I don't understand why the proper checks weren't done prior to you being hired otherwise they would have known that you were under 18. I don't know what I would do in this case, but I think both you and the company were both in the wrong. You for lieing and them for not doing their job prior to you being hired. I just dunno.

Answer 5

They must give you your money. Legally if you worked it you are entitled to it no matter what. Even if you stole from them or committed any other crime. Granted if you stole from them they can press charges but they still have to pay you for time worked. Likewise you can kill a kitten while at work and they still have to pay you for every minute up until they say 'you're fired.' Keep your money and don't listen to them.

The thing here, though, is that they committed a crime. It is their responsibility to ensure that you are of age. If you fooled them with a fake ID it's still their fault the same as if you bought alcohol with a fake ID. You can get in trouble for having a fake ID, but they'll be in a lot more for using child labor. If they give you any more trouble you can always turn them in and both you and your employer will do your fair share (probably community service for you and a $50,000 fine for them).

Answer 6

I am not a lawyer or no anything about the laws in your state. However, even though you are at fault for lying. They also broke the law by hiring you. It was their responsibility to verify your age. Since you did legitimate work for them for the time they hired you, I would say you should not have to pay them back.

Answer 7

You did lie to them so you were working illegally. They could get into trouble for just hiring you. As for taking the money back, it could be possible. Go find one of those free legal clinics and ask them.

Answer 8

No, they can't take money you earned by working. Tell them you are going to call the Labor Board on them if they don't leave you alone. Bet they will and never use them as a reference in the future.

Answer 9

well you did lie, but they did give you the money. maybe they should know a 14 year old girl when they see one hmm?

Answer 10

i don't know but contact a lawyer or talk with your employer and i wish you the best.