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  • Maryland

    I actually have a couple of questions for the state of Maryland labor laws.

    1. My employer took $180 out of my paycheck for a labeler that I lost. His policy from when similar things happened with myself and other employees was that he paid for it. From what I've been able to find out for myself is that what he did is illegal. What do I do about getting reimbursed this money?

    2. My last paycheck. How long does he have to get/send it to me. I'm pretty sure it's 2 weeks from my last payday, but does that mean that thats when he can send it out, or when I should have it?

    3. I did work for his company on the Naval Academy in Annapolis, and I needed an ID badge and parking pass. He sent me an email saying he wanted them back, but it is my understanding, that both he and I are NOT the owners of those documents, but the Naval Academy itself is the owner. Is this correct?

    4. I also have keys for locks to equipment that are left on jobsites. How long do I have to return them to him? And do I have a right to withhold them until I get the $180 cehck, and my last paycheck?

    5. Cell phone. He told me he'd reimburse me for minutes used on my personal cell phone. (I heard about getting a company cell phone for 2 years) When I would try to hand him a copy of the monthly bill, he was too busy and didn't want to see them. Can I still get any money for this?

    6. He told me about 3 weeks before I quit, that he took out too much money for federal taxes. (some weeks were as high as $50). He told me he'd write me a check for the overpaid amount. I was thinking that if it was actually overpaid to the IRS, that to let it sit and I'll get it back in the spring. What should I do about this?

    7. I had a fully paid company gas card (I drove at lease 100 miles a day, and spent around $150-200 weekly). He took the gas card away a couple of months ago, and said he'd pay half my gas. Just like the cell phone bill, he never wanted receipts. I got a company gas card about a month before I quit, and he wanted me to pay half of it. I haven't received a bill from him regarding this, and I still have the gas card. (I haven't used it - except as leverage). What should I do about this?

    I think that's it. Now you see why I quit working for him. If it helps, my position is as an electrical contractor. Any help will be appreciated.


  • #2
    1.) Contact the state department of labor.

    2.) He needs to release it by the next regular payday after your last day of work. He cannot be held responsible for mailing time - he cannot control when the post office gets it to you.

    3.) I don't think anyone here can give you a definite answer to that based on the facts available to us. It seems reasonable but there are far too many variable factors.

    4.) The law does not address this specifically, but you have no legal right to withhold these items. No, you are no more legally entitled to hold these items till you get your check, than he is entitled to hold your check until he gets the items.

    5.) Probably not unless you have a bona fide contract that guarantees payment

    6.) Nothing. As you say, if you actually did have too much taken out, you'll get it back with your refund.

    7.) He has no legal obligation to pay you for gas or mileage. So again, unless you have a bona fide contract that guarantees payment, you're probably out of luck.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      1. Info on filing a claim in MD can be found here

      2. Final wages are due when they would otherwise have been due

      3. If it was a Naval Academy issued ID, it is actually property of the US Government. Just do yourself a favor and turn the darn thing in asap. You can not use them now if you are no longer employed as it is a federal offense. You don't want to go there. (Yes, I have friends who work there and know this for a fact)

      4. See above.

      5. You aren't entitled to it by law if that is what you mean. You can always try.

      6. Not a thing you can do about it now. As the year is not over, you can always adjust your witholdings to account for the overpayment for the rest of the year. For $50, I wouldn't worry about it.

      7. Turn in the gas card. Using it now would be theft. You can deduct the cost of the gas on your tax return.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        I might have known you'd know #3!
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          quick response time

          Wow!!!! You guys are quick. Your replies were pretty much as I thought, so I'll stick with what you said. Thank you for such a fast response.