I recently left employment of a small privately owned business in theme park ticket sales and tourist information. During my shift I made a mistake in a sale which caused a loss for the company. We get paid weekly from the previous weeks hours / commission. My employer, without written permission, split the amount of the loss between two checks. This mistake happened on a Tuesday, and the first half of the companies loss came out of that Fridays check (which was for the hours and commission of the week prior to the mistake). The check was in the amount of $118 for 33 hours of labor. The fallowing check was $47 for 27 hours of labor.
Upon employment, I never signed any written agreement for charge backs, nor did I sign anything! I also never got any employee handbook.
You should get an attorney in your area experienced in employment law.
Bottom line, the company can't pay you under minimum wage. What they did pay you is about $1.74 per hour. They are the ones who has made the bigger mistake.
There will be no upfront cost to hire an attorney as if you prevail, the employer will be responsible for your attorney's fees. Call several attorneys in your area to discuss your claim.
Zonald Spinks, Esq. Phone: (813) 413-5352 Fax: (813) 658-5893 Twitter: @ZonaldLaw Skype: Zonaldlaw Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.
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