I am a student and I was working at a job where my manager was paying me off the books. Recently my manager has accused me of theft however she will not show me any proof and says that if I want proof she will withhold my check and report me to th...
If you did not steal the money, your boss is abusing her authority by withholding your pay and threatening you with criminal action.. Generlaly, an employer cannot without a claimed debt from a pay check absent the employee's written permission or a court orde requiring payment to a third party. .
There are three basic concerns.
(1) Is the organization or company big enough to be covered by the Fair Labor Standarts Act or its state or municipal equivalents. If so, there is a valid legal claim for withheld wages, liquidate damages and attorneys fees under the FLSA.
(2) Is it worth suing?. If you probably will have to pay for a lawyer, and the legal fees may exceed you recovery. Also, if the claim is for breach of contract, you can only recover the wages withheld but not punitive damages or attorneys fees.
(3) Is it likely that the boss will spread lies about your supposed theft to third parties and hurt your future employment or employability. It is a cost-benefit analysis similar to item (2) except you might be able to recover punitive damages in addtion to your lost wages.
As to categories (2) and (3), the cost of getting redress is likely tol exceed the likely recovery. If you can prove you received a false and malicious job reference, you will have a valid claim whenever the defamation occurs.
In all of these instances, you generally can sue in a small claims court,on your own, However, you need to prepared to deal with a legal attack dog employed your boss or your former former boss in court. It will not be pleasant..
Unless your boss has clear evidence, she will not file a complaint with the police. However, she can fire you as an "at will" emploee without giving a reason. I would recommend quiting and looking for another part-time job. You should just give notice and quit without saying a word.See question
I was recently terminated from my job for failing to show to a meeting with my boss and employee committee persons. I had forgotten about this meeting in the midst of other obligations and I later received a scanned letter that I was terminated. N...
, Absent a specific employment contract, you are an at-will employee subject to termination at any time. You employee identifies two separate reasons why your employer must elect to summarily terminate any employee at any time absent a discriminatory motivation, The best option is to try to negotiate with your former employer a severance arrangement in which both parties agree not to disparage each other,. Also, you need to ask for a letter confirming your employment or a neutral reference. If you do so, the employer will ask you to sign a document waiving your right to legal redress.
The waiver should not cover applying for unemployment compensation benefits, but the employer may still protest the claim on the ground of gross misconduct or misconduct. The decision will ultimately be up to the unemployment compensation commission if you appeal ant denial of your claim,See question
My job was recently eliminated, and I accepted a severance package that will provide 16 weeks of pay. Should I file for unemployment? Can I get those benefits at the same time? Do they kick in after the severance package ends? I can't seem to find...
While you are eligible to receive unemployment compensation benefits, they are held in abeyance until your severance pay is exhausted. If you have not found suitable employment, you become eligible to receive benefits and the time period for receiving benefits extended..See question
I work for a staffing company, our agreement was he should be paying 80% of the bill rate the client pays. From the beginning he always used to hold one month's salary with him. Later on I also figured out that the actual amount the client is payi...
There is nothing in your post to establish that you and your employer memorialized this shared commission pay arrangement. It does not appear that you have a binding contract. Fraud claims relating to employment are rarely successful.
If you performed your work in Maryland, you are covered by several related wage payment status. The definition of employee is very broad. You can make a claim through the Maryland Department of Labor Licencing and Regulation (DLLR) or by bringing a private suit through an attorney or on your own..See question
My employment with my current employer is at will, but the offer letter specified that I need to give a one month notice before quitting. Can I only give a moderate 2 weeks notice and then disappear? Can the employer sue me? Also, i am still wi...
An offer letter does not create a binding contract of employment unless you countersigned the document or provided a written acceptance of the offer. However, it is safe to assume that the letter clearly describes the employer's policies concerning notice. Under most state and local wage legislation, an employee is entitled to receive the salary equivalent of unused accrued vacation.
In answer to your question, it is unlikely that you will be sued. Leaving earlier than the notice period could affect future job references. The wisest course of action is to give one month's notice and request vacation to cover the last week of the notice period.See question
I was hired over ten years ago for a non-profit agency. My job title when hired was Social Worker. I was told by an employee of Social Services soon after I started this job that it was illegal to use the title of social worker since I did not h...
You raise a complicated question. It would be illegal to call you or hold you out as a Licensed Social Worker, but the term social worker is fairly fluid. You should check with the state or local agency that licenses social workers and try to gain some clarification.
The fact that the agency refers to you as a case manager appears to be appropriate corrective action. The internal document may be be ancient history or tied to pay and job classification reasons that are unrelated to your basic concern.
You should make further inquiry on your own with the licensing authority or pertinent professional organization, but back off unless the licensing agency tells you something concrete that cause you to have concern. If you are making inquiry, look as published codes and standards governing your field.
I believe that you are primarily raising a professional issue. While it has potential employment ramifications, they appear to already have been handled. You are not held out as a social worker and presumably supervised by professionals with appropriate credentialsSee question
i work for pizza company that it is incorporation , we as drivers are not supposed to carry more then $20 before leaving the store, for safety reason, the corporation has an employee whose job is to make sure that every thing is running according...
You question raises obvious privacy issues. You are not clear whether you work for a company owned store or a franchisee. The fact may be important. It is also important to know if the company published its policy in writing and whether there are any limits on the authority of the employee who monitors your activities. Are you required to provide a private car and are you reimbursed for mileage?
As a general rule, an employer has a right to impose and monitor compliance with safety rules. You are probably an at will employee and must comply with the rule or quit. There may be a way to embarrass the employer into being more reasonable by providing the information to a member of the media anonymously, complaining to your local ACLU or forming a union to combat abuse. US law does not favor employee rights generally.See question
I have been working for a catering company for almost 5 years now and all this time there have been rumors about tips being stolen,few weeks ago a client confirmed tips are being kept from us.Client stated that she had been adding a generous gratu...
It depends on what state in which you work, whether you signed a document authorizing the employer to keep or share in the receipt of tips, whether you are making the minimum wage for all hours worked and/or overtime pay if earned. Several states have wage payment statutes that require n employer to pay all compensation earned to its employees. These statutes provide for double or triple damages for wage underpayments and an award of reasonable attorneys' fees. The statutes also permit the employee to complain to the state or municipal law enforcement authorities and seek compensation as a result of the complaint.See question
I reached out to HR on 4/26 via email regarding setting up a meeting to discuss an issue I was having with my immediate supervisor. I wanted to touch base with them to discuss/work-through the issues I was having, as I felt the the office environm...
Unless you have an employment contract, are covered by a legally enforceable employment manual and/or by a union contract, you are an" at will" employee. This status means that the employer can fire you at any time for any reason other than in violation of EEO, labor standards or other specific legislation. You have a right to quit at any time notwithstanding the working in any employer policy or manual.
The law does not favor you, but you should be eligible for unemployment compensation benefits. There is something to be learned. HR is never the friend of the employee. It always acts to keep the employer out of legal trouble.See question
I had worked for Co. for 4 yrs, assigned new roles w/ promotion in title & salary yr after yr. Recently, I was assigned to new position in which I would continue my current duties in addition to duties that would be assigned to me with a diminuti...
You have a basis to claim constructive discharge. However, the claim is relatively meaningless except for demonstrating that you quit your job for good reason to qualify for unemployment compensation benefits. Constructive discharge applies in discrimination and retaliation claims brought under federal, state and local law. To prevail, you need a strong claim of discrimination and additionally evidence that the employer made your job or working conditions so intolerable that the only reasonable option was to quit and look for other employment.See question