Results 1 to 8 of 8

Thread: Employer can't hold my check, can they? Pennsylvania

  1. #1
    Junior Member
    Join Date
    Mar 2009
    Posts
    4

    Default Employer can't hold my check, can they? Pennsylvania

    I have a few issues with my previous employer. I was terminated for what they say was insubordination. Payday has passed and they refuse to release my check. They claim I stole two company jackets with receipts for the jackets... however, those jackets were kept in an unlocked coat closet.

    The GM says that once I return the jackets, then I can get my check. This, I'm sure, is illegal.

    I honestly don't remember how many hours I worked that week, and being a server, I know the check isn't for much... but it's still my money.

    I filled out the Wage Complaint form and sent it in.. What steps are ahead for me? what should i prepare for... and if the company I worked for has really good lawyers... is this even worth it?

    Thanks in advance.

  2. #2
    Senior Member
    Join Date
    Jul 2005
    Posts
    31,876

    Default

    You've done what you can do at this point. The DOL will contact the employer and likely determine that they must pay you. It's going to take a while, though. In some states (although I have no direct experience with this issue in PA), the claim instructions say it could take as long as six month.

    Did you sign a deduction authorization stating that you were responsible for the jackets if they were not returned and that the cost could be deducted from your pay?

    I'm not seeing what good a lawyer is going to do them. You've taken the first step. Now, you just have to wait. Sorry, I'm sure that's not what you wanted to hear.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

  3. #3
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    14,859

    Default

    In Pa. final paychecks are due on the next regular payday. They can't hold your check even for suspected theft of the jackets.

    Since you filled out a wage complaint form, you will just have to wait to hear back from your state's DOL.

    What further action your employer takes re the suspected theft of the jackets will be up to them. The only thing they can't do is hold your paycheck.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  4. #4
    Junior Member
    Join Date
    Mar 2009
    Posts
    4

    Default

    Nope... I didn't sign anything stating that I'm responsible for the jackets. And you've given me the information i needed. It's just a waiting game..

    My boyfriend, who got his position as a server because of knowing me, with no prior experience in serving, resigned when he found out of my termination from the same company. He called the GM to discuss the situation, but was refused communication, so he resigned.

    Prior to this job, he was collecting unemployment from his previous employer. He was only at the restaurant job two weeks and quit because he felt his job was in question. Because of the way I was terminated, and the accusations that we stole company jackets, he quit, knowing his position wasn't safe.

    If he fights this to continue his UC benefits, will the restaurant be responsible, or the previous employer? or both? What should we prepare for his case? How likely is it to win? What can we do? Thanks again for your response!

  5. #5
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    14,859

    Default

    Whether he will continue to receive UI benefits will be up to the state. Normally you don't get UI if you quit a job.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  6. #6
    Senior Member
    Join Date
    Jul 2005
    Posts
    31,876

    Default

    Agree with Betty3. Quitting because one is "afraid for their job" because of how others have been treated is normally not a good enough reason to receive UI benefits.

    Your general manager had no obligation to speak with him about YOU, and I wouldn't have spoken with him either.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

  7. #7

    Default

    Aside from the other emergency I have, payday came and went today and they refused to give me my pay including the extra week they withheld when I first started. Please read this: http://www.laborlawtalk.com/showthread.php?t=215638 for more details on this.

    I terminated employment myself due to the above post reasons and it has been a nightmare ever since.

    Now, I was told there is unfortunately a long waiting period on this when going through the DOL sometimes, and there have been those who went through small claims and got it taken care of much sooner (as in within weeks) is this true/possible/an option? Or was someone just blowing hot air?

  8. #8
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    14,859

    Default

    needhelpbadly, please don't post your question(s) to another poster's thread. Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

Similar Threads

  1. Replies: 7
    Last Post: 12-15-2008, 07:40 AM
  2. Suspended Florida
    By rnb123 in forum Florida Labor Laws
    Replies: 14
    Last Post: 10-15-2007, 01:12 PM
  3. employer writes employee bad check Florida
    By aunique1 in forum General legal issues
    Replies: 3
    Last Post: 10-18-2006, 02:06 PM
  4. Employer stopped payment on check in Georgia
    By TiffanyM in forum Wage & Hour Laws - Minimum Wage Laws
    Replies: 5
    Last Post: 08-27-2005, 01:11 PM
  5. Problem with a cashier's check
    By Adone Borione in forum Consumer Law and Fraud
    Replies: 2
    Last Post: 03-01-2005, 06:12 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •