Employer is holding my check, and accusing me for damages after I resigned. Help?

Question

I live in Texas.

I know for a fact thanks to the Texas Statutes that she has no right to hold the check from me, whatsoever. (SEC 61.014)

She is trying to blame me for problems that happened both before my resignation, and after. She says she will not give me my check until she finds out if its my fault.

I have told her a few times that she has no legal right to hold my check from me, and she begs a differ. I'll show her the statues tomorrow and maybe get my check. (I'll also show her the statues saying its a felony not to give it to me)

The catch is, if she wants to blame me, she has to take it to small claims court. However, I was not 18 during the time of employment and the things she is trying to blame me for I signed a 'contract' for without my parents consent. (She is saying my downloading an anti-virus software ruined her computers, and I wasn't allowed to do that without her permission... not true anyway but shes making it seem like it.)

One contract has the chance of me being 18 during it, but the contract has no date on it! Which to me means the contract is void anyway because they don't know when it could of been signed.

I'm just checking with you guys if there is anything she could possible do to hold me responsible for the things she is accusing me of. She has no proof (every time i ask her she hangs up on me or kicks me out of the store).

Am I correct in thinking my boss is going nowhere fast in blaming me with not so binding contracts?

Answer 1

What she is doing is illegal contact the better business buerrau (idk how to spell it) and tell her that you will take her to court. Then go to small claims court and file that claim it's only 5$

She can't withhold your check she will go to jail. If you did damages she can sue you but then she needs proof.

http://welcome.bbb.org/  report her azz there.

And if she is in restraunt or something (idk what kind of business) call up the fire chief or health inspectors and report her azz for violations. Fire , health safety whatever you can think of. Good luck have fun.

Answer 2

Call the cops and they'll likely retrieve your check no questions asked.

Answer 3

she has no right to keep the money you earned.   if she feels you owe the company money, she needs to file an action against you.

you can call the department of labor in your state and get more information if you want to.  

Answer 4

Contact the United States Department of Labor Wage and  Hour Division you can find the number in the phone book or look it up online and report her for holding your check.  There is no proof that the anti-virus software you downloaded ruined her computers, they were probably already ruined before you did anything.  Tell the Department of Labor she won't give you your check and make a report with them.

If you did damage her computers she has to take you to court for damages, she can not legally hold your check.

Answer 5

You can get your check easily in two steps.

First, call her and warn her that if she doesn't give you your check, you're calling the cops.

Next, if she refuses, call your local police station and explain the situation. Quote the exact law that she is breaking. At the very least you'll get your check, and at the most she'll refuse and go to jail, or get fined. She can't hold you to a contract that is considered void.

Good luck.

Answer 6

I went through something similar. They can't hold your check, and they can't claim damages out of your check. I got an attorney involved and so should you.