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Last Check Held Georgia

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  • Last Check Held Georgia

    Hi all,

    My employer was paying for me to go to college but there was a condition that if I left before 12 months I would owe the money back. I got another offer I couldn't turn down as I got nearer the completion of my Masters so I took it.

    I thought I would lose some on my last check but it turned out that my employer claims I actually owe him money and wants to know when he'll get paid. They tell me this via email on the day I was expexting a check in the bank.

    What I want to know is this; aren't the 2 debts legally seperate? I mean, my employer owes me over 3 grand for my last check. Isn't that my money to decide to do with what I want? If I do owe my employer $3500 don't they have to treat it as any other debt and arrange for me to pay it. They shouldn't just be able to decide that the my check should be used to pay my debt to them over any other debt should they?

    Is this an issue for the Department of Labor or is it a waste of time for me to pursue? I don't mind paying back my education loans if I owe them but I don't have the resources to do so right away with all my other bills and moving expenses.

    Thanks for everyones time.

    JK

    Oh-one more thing-this company has a history of doing this. I know of one other time when they let some one take an extended vacation and told him not to worry about it. They even recorded his time as being there (we're contractors so they were able to bill his time). He left a few months after that to go work directly for the government only to find out that they kept his last check. They claimed he owed vacation time (even though on the books he had a positive count)

  • #2
    Georgia law is virtually nonexistent in the wage and hour and wage payment areas. However, federal law generally requires that you receive at least minimum wage for all hours worked.

    Did you sign an agreement regarding the method of repayment of this debt? Did it allow for paycheck deductions?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      To my knowledge all I agreed to was that I would pay it back. the terms were not dictated.

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      • #4
        Then you can either file a claim for unpaid wages with the federal DOL (but they only have a mandate to enforce unpaid wages to the extent of minimum wage, in most cases), or file a civil suit in the Georgia courts for your full paycheck and let the employer explain why they decided to avail themselves of "self-help recovery" by not paying you for your final period of work, especially when the agreement did not specify any particular repayment terms. Georgia, for all intents and purposes, doesn't have a DOL of its own.
        Last edited by Pattymd; 10-06-2007, 02:11 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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