Can my boss take money from my check?

Question

I'm days away from filing a suit in a small claims court, but I want to make 100% sure.

So far I have been researching the subject for a few days, and the following is my situation:

I resigned from my job with a two weeks notice. They chose not to use me for the two weeks. My next payday was 8/29, when she should of paid me.

I get a phone call that day from her saying that she wont give me my check because she is getting equipment fixed on her property that she thinks is my fault for being faulty. I asked her how she knows it was me, and she comes up with 'you are the only one who knows this stuff' which isn't true, her other employees do.

I didn't break or harm anything. She is saying she is going to charge me the labor cost of the person who came in to fix it out of my check, I told her she has no legal right to do that and she says:

"Oh yes I do, I am an employeer I have looked into it I know I can do it." So I told her if she does it I may have to take her to court and she claims she is in the right.

SEC. 61.014 of Texas Statutes says she can't deduct wages from my check without my permission, a judges say so, or for a legality issue. She does not have my permission, no judge is involved and its certainly is not illegal for me be doing nothing to her and he blaming me for things after i quit.

Can she take money from my check? She has no proof its me, so in small claims she would have no case really against me. Meanwhile, I should of been paid days ago and that's a felony.

She called me today and told me never to contact her again, enter her store again, or talk about her store again or its a criminal offense. True about entering her store, but I'm going to have to send her a certified letter if she took money out of my check. And 1st amendment says I can share my opinion as long as its not a personal attack so... she has no idea what shes talking about.

My family calls her quite the 'character' and a little bit off her rocker. I have called the police department and asked them, asked my current employer, and parents and friends and teachers. They all agree with me.

Anyone agree with her? Does she have a right to take stuff out of my check?

Answer 1

Wow!  Sounds like a lot of "immaturity" going on here.  File a claim with the unemployment office and the labor board.  They will contact her.  That will be more upsetting to her and will effect payment to you faster.  Don't forget, winning in court only means you have the right to collect the money.  The know how to collect the money is different.  

Answer 2

If she thinks she has proof that you damaged something, she can sue you for the damages, but isn't allowed to just take it out of the paycheck she owes you unless she already had a judgement against you, which she doesn't.

Answer 3

No, she does not have the right to take anything out of your check. She has to PROVE that you broke whatever it is she says you broke. But before you take her to small claims court try calling the Labor Board for your state. They can probably help you. Good luck.  

Answer 4

good job, sounds like you did your homework on this one. Yes, you have a very strong case and you should file. No employer has the right to make an unauthorized deduction, period.

Answer 5

She only has a right to deduct money from your paycheck if it benefits you and with your permission or if it is court sanctioned. You say you contacted the police.  Make sure you keep a copy of the police report.  You should certainly send a certified letter requesting that you be paid in full and that you have not given her any permission for her to make deductions for damaged equipment and that you deny that you damaged any equipment.  Give a reasonable amount of time from receipt of the letter for her to pay you by check (it doesn't have to be certified - if she issues a check and then puts a stop on it for no reason other than to prevent you getting the funds I believe that may be fraud).   If she pays you - situation resolved.  If not then move forward to small claims.   Be very professional about this and don't let emotions interfere with the task at hand which should be easily remedied by either your letter or Small Claims Court.