Can my boss withhold my paycheck.?

Question

Hello, I am 17 years old, and just quit my job. When I first started this job as a dishwasher two years ago, we recieved a simple red t-shirt with the company name on it. I wore it for a month, but then it got ruined with bleach and grease/oil from dishwashing. For the other 23 months I have just worn whatever I wanted and they didn't care since the shirt got ruined. My boss won't give me my paycheck until I give him the shirt, which has been thrown away a year and a half ago. Naturally, this was my busiest work week for 48 hours (a paycheck over $400). Can he keep my paycheck because I don't have the $5 shirt they gave me when I first started?

Answer 1

I doubt it. File a complaint with the labour board. Or maybe sue him in small claims court but that will cost you time and money.

Answer 2

He cannot hold your last check. just because you don't return the 5-shirt, if you signed a piece of paper when you were hired saying that you would have to return the red t-shirt when you quit, or let go. I am sure it will probably say that you will have to pay the value of the t-shirt from $5.00 to $20.00.  But he cannot hold your check.  \

Report him to labor board, or take him to small claims.  It will probably cost you about $75.00 for small claims. but if you win (which I am sure you will). He will have to pay for your expenses.  Make sure you include your expenses as part of the amount that you are suing him for.

Answer 3

No they can not hold your check.  Even if they catch you red handed for STEALING money, they still can not hold your check, not one dime of it.  They can try to sue you or press criminal charges and maybe part of the court order would be to pay restitution, but they still can't hold your check, period.

Answer 4

Ofc not. Talk to him, tell him you will pay him $5-10 for the Tshirt when he gives you the check. If he doesn't agree, report him to the police.

Answer 5

Is your boss the actual owner of this restaurant? If not, have you tried going above him?

I would try filing a complaint with the labor board and seeing about your options. It doesn't make sense for him to hold your check. My ex girlfriend's ex-boss tried to hold her check back when she quit. Her boss wanted her to write out a letter stating she quit. I told her boss to go s***w herself.

She mailed her the check a week later. He has to give you the check to clear you off his books. I doubt he'll be able to prove that shirt is worth $400.00

Answer 6

If this is a large company that you work for, usually your first shirt is free, any more than that you have to pay for them. I have heard of people doing this kind of thing before. Go to human  resources and file a complaint. If the company in which you worked at is a small one, Offer him the money to pay for the shirt. If he/she doesn't want to do that, then there is another underlying problem. Considering it was that long ago,I don't see how. You could also find someone that use to work there or still does and has a shirt you can have, then turn that one in.....

Answer 7

No he cannot legally withhold your paycheck or even require you to pay for the shirt. If an employer requires you to wear a uniform, they must provide and pay for it. See this site for more info.

http://www.dol.gov/compliance/topics/wag...

Answer 8

He is not able to keep your paycheck.  He might be able to charge you for the shirt, but even that is a bit strange seeing that it is a shirt that would not be able to be worn by anyone else anyway.  If you need to, go to small claims courts and have the judge decide-the fee for small claims in not much (under $100).  Sue for you paycheck + cost of the courts + any late fees you had to pay because of your boss withholding your check.  

Answer 9

No, they cannot.  The most that they can do is to deduct the cost of the shirt from your check, but as they required you to wear the shirt it must be supplied by the company for free.  Contact the wage and hour people in your state and file a complaint, believe me, they will get your old bosses attention.

Answer 10

why do people not tell the whole story?

i find it hard to believe he wont allow you to pay to replace it.