what can I say legally

[sarakeys]

What is the name of your state? Illinois

I have an employer who owes me for several paychecks. He says that he is withholding paychecks to pay fines for fraud. He is accusing me of fraud. I didn’t do anything wrong. In fact his staff had signed my name to documents numerous times and I believe his accountant generated reports that were to come from me. When I said I refused to generate them, I believe she did anyway. The last time while I was trying to get my check he was on speaker phone with another employee who he was withholding paychecks from. He accused them of wrongdoing as well (not sure what for??) He is withholding their pay as well. He has bounced checks to me and other employees in the past taking 5-6 months to catch up. I have heard from other employees that he frequently requested to pay them slowly on checks over extended periods of time. The guy is no good and has a history of trying to cheat employees.

I know I can go to IL dept of labor state my case, he will probably have a lame lie tie up the paperwork and I will finally get paid several months latter.

Given that My question is:
When I go for employment somewhere, can he say I committed fraud? Or something similar to it?
Can I tell potential new employer without causing legal problems for myself why I quit this job: He bounced checks (show them bounced checks), withheld pay, forged my signature, tried to extort my paychecks? Did this to other employees?
Should I tell new employer up front about this job/boss or wait to see if becomes an issue on granting me employment?

 

[cbg]

1.) Fine line answer here. Technically, he can say whatever is true or what he honestly believes to be true. However, there is potential trouble for him if he says you DID commit fraud without having some proof of it. He can *probably* say that you were suspected of committing fraud without too much worry.

2.) If I were you I would stick to the bounced paychecks and let the rest go. Even if 100% true, that smacks of bad-mouthing your employer and that will set badly with potential new employers.

3.) Most potential employers will not contact a current employer at all if you request them not to, for obvious reasons. My suggestion would be that you simply ask a potential employer not to contact your current employer since he is unaware that you are looking for new employment. I would also check with HR as to what the standard response for references is. Personally, most companies I've worked for have had references come from HR and not from the immediate supervisor. Also, many companies will only give out dates of employment, job title and salary history, perhaps including rehire status in that. If that is the case with your company, you may not need to give a potential employer any information about your relationship with the manager.