LOCATION: Washington State

BACKGROUND: I had been working for an employer for about 6 months. My pay was based on an hourly wage, plus a commission. I was also living in a house that was built on their property. I paid rent on this house in the form of labor around the property (verbal agreement). I then notified my employer that I would be resigning in 20 days.

THE PROBLEM: At this point, things turned sour. I went into the office the next day and was informed that I was not to finish my remaining 20 days. I decided I should probably collect my timecards and commission sheets to make sure I could easily get paid. I was denied access to both these items.

MY RESPONSE: I called my employer again and found out that she was indeed going to pay me. I could pick up my final paycheck in 2 weeks when it was ready. I came by about a month later to pick my paycheck up and was informed that “I took to long”. My paycheck was now getting held for rent (which I was more than paid up on).

Now I have no paycheck, and no timecards or commission sheets.

I would like to go to small claims, but am worried about what to do without any proof. At this point, I am only guessing what my paycheck would have been since my ex-employer will not tell me the exact figure.

*Note: This all happened about 6 months ago. I have been out of the country since then.

You could check with the state DOL regarding review of your employee file. Ask them to send you a copy of the complete statute. In fact, you can usually get it off the internet. State laws vary on this. Some states do not allow you to view it. Some entitle you to copies, and even get pretty detailed about what is suppose to be in it. I don't know about washington. I'm too tired right now to look. Sorry.

For the work around the property, take pictures of whatever you can of the work that you've done. You can contact the state's Attorney General to send you information about landlord/tennet relationships.

I don't think they can hold your check for unpaid rent. I can't say for sure, but I think they should be separate issues.

Washington state does allow the employee access to his personnel record at least once a year within a "reasonable" time of making the request. Washington is also one of the few states that permits an employee to place a rebuttal in the file regarding any information with which he does not agree.