I have a legal question pertaining to an employer withholding pay and threatening lawsuit for an unpaid exp.?

Question

I worked for and sent my children to a daycare for 2 months. While I worked, my daycare fees and misc. items that the children could buy (haircuts, drinks, gymnastics classes) were supposed to be deducted from my paycheck. I took 2 days off to attend a family member's funeral, and my boss emailed me stating that they had found a replacement for me because of my attendence, and this new person would start two weeks after my return. I called my employer to tell them that I would not be returning to work. They then called me back to let me know that they were withholding my last paycheck (which these things were deducted) and I now owe them $480 for more expenses. I told them I would not pay because the expenses were supposedly deducted from my income. I never heard another word from them. Now almost 1 year later, they sent me an itemized bill and a letter stating that they would sue me if I didn't pay the amount in full in 2 weeks. (They also still have my last paycheck.) Do they have any ground to sue me? Thanks to anyone who can help!!!

Answer 1

· If you owe them the money they can sue you for it but................

they illegally held your last check, regardless of what you owed they cannot hold your pay. The deductions they take cannot lower your pay to below minimum wage for every hour worked during that pay-period. Deductions from pay also require you sign an agreement allowing the deduction and the agreement must be, in most states, for your benefit (which this was) and must clearly state the amount taken out of the check and under federal law cannot take the pay below minimum wage for each hour worked.

If you did not take home at least minimum wage each pay-period then they handled this wrong and MAY owe you a considerable amount of money.

In most states they will owe you the pay as well as penalties for all this time. You may want to contact them and let them know that they can consider this paid in full or you will file a wage claim with the state, which is going to cost them a whole lot more. You may decide to file a wage claim any way. Some states have limits on how long the wage claim can be from your last employment but if there is a time limit they still allow for separate civil action against the employer.

Edit your question to include the state and I can provide for you the relevant information and then you can decide to file with the state and seek legal counsel if need be. I think you will be pleasantly surprised but this will depend on the state and ALL relevant facts so deal with it NOW.

Click on my avatar and e-mail me if I can assist you.

Answer 2

If the items deducted were more than the net amount of your last paycheck, and the agreement was that these items would be deducted, then you don't HAVE a last paycheck, it's zero - and yes, if you owe them more than the check covered, they can sue you for the rest.