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Ex-Employer Won't Give Money Owed

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awatchme

Junior Member
What is the name of your state? California

I posted this message a week or so ago:
My husband has been working at a gas station/car wash as their night guy for about 4 months. His last 3 paychecks bounced, though the company was good about giving us cash as soon as we let them know, as well as covering the bounced check fee. However, when this last one bounced, my husband and I had had enough, and my husband told the manager that he was giving his 2 weeks and that he would only accept his last paychecks in cash and that if that didn't happen, he would report to the California Labor Board.
Well, yesterday my husband went into work, as usual, and the owner was there. She basically told him that he needed to quit quietly and not pursue any Labor Law action, or she would fire him and try to prosecute him for stealing from the store. Now, when my husband started working there, the managers told him that it was okay to take a soda, a bag of chips... as long as he didn't abuse the privilege. Apparently, the owner has her son watch the surveillance tapes and add up everything that the employees take and don't pay for, so over 4 months, my husband has taken (which he was told was okay) upwards of $300 worth of merchandise. So, the owner has him on tape eating and drinking on the job, but my husband has no way to prove that he was told this was okay.

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Here is an update:

My husband was fired on Thursday of last week, and was told that his last paycheck plus the money from the last bounced check would be there for him on Monday, Aug. 1. However, when my husband called the store to see if the money was there, the manager said that the owner wasn't there and that she couldn't do anything without the owner's approval. My husband called the owner, but she didn't answer her phone and her voicemail box was full, so he paged her. She has yet to call him back. We were counting on getting that money on Monday because our rent was due on Monday. Now, we're getting a $25 late fee for our rent not being paid, and in another 7 days, we'll be evicted.

My questions are: 1) Is there a speedier way to get our money than to file a lawsuit? 2) Can we hold my husband's ex-employer responsible for our rent late fees and bounced check fees? 3) If the owner does retaliate and try to press charges on my husband for theft, can we use her blackmail, plus the fact that she's not trying to prosecute all the employees who have taken stuff, as a defense?

Somebody help!
 


Do you still have one of the actual bounced paychecks? If you do, I would have him "calmly and professionally" go back down to the gas station, unannounced, and ask to speak with her. Tell her that you really need your money and that if she can't make arrangements to pay you by such-and-such a day that you will take your bounced check to the Dept of Labor. And then do it if she doesn't pay. Unpaid wages are a big no-no.

You might be over-reaching to recover NSF fees, but it doesn't hurt to ask since she paid them for you in the past (? I think you said that).

I'd be willing to bet that she would not prosecute your husband over $300 worth of merchandise because the court costs can run higher than that and she would have to submit the survaliance videos to prove her case, which, as you say, would show other employees doing the same thing.

Good Luck! Let me know how it goes.
 
Last edited:

Beth3

Senior Member
Your husband may contact California's Department of Labor and file a complaint for any wages he is due.
 

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