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charging employees fees for disciplinary reasons

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D

Dave_63

Guest
What is the name of your state? Mississippi
( The Slave State)

The company I work for is trying something new on it's employee's.

They have established new rules that they are going to fine employee's if they break among other things.

1.) If you are caught not wearing your name tag a fine of $5.00 is levied.

2.) If your caught not greeting a customer coming into the store a $0.25 cent fine is levied.

3.) If remotes come up missing from our tv's ( we sell televisions) the employees of that store will be charged a fee to replace them.

From what I can find on the net it seems that charging fees to workers for disciplinary reasons was used by V.I. Lenin.
It is against the law in China, but cannot find the law in the US probably because it is so illegal no one has tried it.

Need someone with knowledge on this issue as I am consulting with other employees in secret on a possible class action lawsuit.
 


cbg

I'm a Northern Girl
To be honest, while I do not agree with the practice, I'm not certain that it IS illegal. In the absence of a specific law making the fining of employees illegal, it is presumed to be legal.

State law would govern this one. I am NOT an expert on Mississippi law. However, based on the information in my source material, Mississippi law is silent on the subject. Initially I thought that #3, at least, might be illegal, because many states prohibit charging an employee for shortages or breakages. However, I found nothing in Mississippi law that either forbade it, or gave the employer permission. Then I thought that #1 & #2 might be illegal IF they did it by payroll deduction, but legal if you threw money into a common pot. But I couldn't find a law making the payroll deduction illegal, either, in your state. Bottom line is, my research couldn't find a law making it illegal, so it is presumably legal.

One thing, though. The list I was working from is somewhat out of date. It would certainly be worth your while to place a call to the Mississippi Department of Labor and ask them what the current status of the law is.

And of course, the whole issue is moot if you always wear your name badge, always greet the customers, and be darned sure that no remotes turn up missing!
 
D

Dave_63

Guest
I understand your thinking that it should be under state law but I am not so sure, I am wondering if it could fall under the peonage laws which are federal.

Also, a matter of taxes, if they force me to throw a quarter in the preverbial pot. That is money that I paid income tax on and I should get a reciept and they should have to charge sales tax on any income they recieve and I should have it deducted from my income taxes as it is a charge by my employer from my income.

What if they decide to fine me a $100.00 because my hair isnt parted the way they want?

I can not believe this is legal?

I can not see how this could be legal from a work ethic standpoint and from a tax issue. It was a basic tenant of Lenin and is a completely Communist ideal ( funny the owners think they are Republicans what a joke) Even the communist reject this conduct for it is illegal in China , Germany and most countries in the world. How it can possably be legal in the United States is beond me.
I am sure their has to be some case law on this be it old because I can't find anywhere in the United States where this is accuring but can find cases in Foriegn Countries.

Also, Mississippi does not have a state labor board they have what is called an employment security commission.
The *******s that own this business are very powerful men in the state of Mississipi with many judges and state officials in thier pocket. The only way to attack them is thru federal means. Any state litigation is certain to fail.
These are not the only issues too, they do everything from telling religious bigoted jokes during company wide meetings to racial discrimination. ( Do not think we have an african american in management that I know of.) I am not black.

Any lawyer going after this company would be going against one of the most powerful strongholds of injustice in the state of Mississippi.
 
D

Dave_63

Guest
I am seriously thinking the peonage law might apply here.

If my employer charges me an arbitrary debt or fine that I have no due process to contest upon condition of employment.

The fine that would be imposed is taking income earned therefore, the time that it took me to earn that income was time working under involuntary servitude as I was not paid for the time.


----------------

UNITED STATES DISTRICT COURT
________________DISTRICT OF________________
AT______________________


____________________, )
)
Plaintiff, ) Case. No.
)
v. ) CIVIL COMPLAINT,
) SUIT IN EQUITY
____________________, )
) 42 U.S.C.S., § 1983
____________________, and )
) * JURY DEMAND
____________________, )
)
Defendant(s). )
___________________________)


1. INTRODUCTION



Plaintiff, ______________________________,brings this suit in equity

for deprivation of rights, privileges, and immunities secured by the

Constitution and laws of the United States.



2. JURISDICTION



This court has jurisdiction over this matter brought under 42

U.S.C.S., § 1983, pursuant to 28 U.S.C.S. § 1343(a)(3).



3. FACTS CONSTITUTING CAUSE OF ACTION


On or about _______________________________________________________,

in the city of ______________, State of ____________, _____________County,

defendant _______________________________________________________________,



CIVIL COMPLAINT,
SUIT IN EQUITY,
42 U.S.C.S., § 1983. Page - 1
-------------------------------------------------------------------------

residing/working at _____________________________________________________,

in concerted effort with defendant ______________________________________,

residing/working at _____________________________________________________,

did knowingly and willfully unlawfully harass, intimidate, manipulate,

coerce, or compel (me) (my ex-spouse) (and my employer) (and my

ex-spouse's employer) (my mother) (my father)

(name) _________________________,by order, to pay an imposed debt or

obligation termed alimony, maintenance, spousal support, or child support,

in an attempt to establish, maintain, and enforce (my) (his) her) (our)

(their) service or labor, or to otherwise impose a condition of

involuntary servitude and peonage upon (me) (him) (her) (us) (them) with

the intent to forcefully seize (my) (his) (her) (our) (their) personal

earnings and property for an illegitimate purpose under threat of fine,

penalty, or imprisonment for failure to comply, facilitated by the

above-named defendants' station and capacity of influence over police

agencies, and acting under color of state law, they did thereby deprive

(one) (him) (her) (us) (them) of the federal right not to be held in a

condition of involuntary servitude and peonage, and the federal right to

not be a victim of a federal criminal offense, all to (my) (our)

detriment in violation of:

Title 42 United States Code, Section § 1994;
Title 18 United States Code, Section § 1581;
Title 18 United States Code, Section § 1584; and
Title 18 United States Code, Section § 241.

I further state that I am a United Sates citizen and resident of

______________ State, residing in the city of, County, and that this

complaint is based on my personal knowledge.


CIVIL COMPLAINT,
SUIT IN EQUITY,
42 U.S.C.S., § 1983. Page - 2

-----------------------------------------------------------------------

I, ____________________, Plaintiff in this matter, as a taxpaying

citizen, strenuously object to my tax dollars, or any portion thereof,

being used to aid and abet the aforementioned alleged criminal activities

of the above-named defendants in any way, or by any means, thereby making

me an unwilling accomplish to, and victim of, the alleged deprivation of

federal rights of persons named, as well as persons unnamed, in this suit.


4. DEMAND FOR RELIEF


Plaintiff requests the following relief:

For damages by reason of the tortious conduct of the defendant(s) in

depriving and conspiring to deprive the plaintiff of constitutional and

civil rights under color of state law, both compensatory and punitive, in

amounts to be proved at time of trial.



__________________________________________________

Signature of Plaintiff

Print Name __________________________________________________

Address __________________________________________________

City/State/Zip __________________________________________________

Tel. # __________________________________________________


Subscribed and sworn before me on __________________, by _________________.

________________________________________________________________

Notary Public in and for the State of _____________________,

residing at ___________________________________.

My appointment expires: _______________________.



CIVIL COMPLAINT,
SUIT IN EQUITY
42 U.S.C.S., § 1983. Page - 3

--------------------------------------------------------------------------

Title 42 United States Code, Section §1994.

The holding of any person to service or labor under the system Blown as
peonage is abolished and forever prohibited in any Territory or State of
the United States, and all acts, laws, resolutions orders, regulations or
usages of any Territory or State, which have heretofore established,
maintained or enforced, or by virtue of which any attempt shall hereafter
be made to establish, maintain, or enforce, directly or indirectly, the
voluntary or involuntary service or labor of any persons as peons in
liquidation of any debt or obligation, or otherwise, are declared null and
void.

Title 18 United States Code, Section §1581.

(a) Whoever holds or returns any person to a condition of peonage, or
arrests any person with the intent of placing him in or returning him to
a condition of peonage, shall be fined not more than $5,000 or
imprisoned not more than- five years, or both.

(b). Whoever obstructs, or attempts to obstruct, or in any way interferes
with the enforcement of this section, shall be liable to the penalties
prescribed in subsection (a).

Title 18 United States Code, Section §1584. Sate into involuntary
servitude

Whoever knowingly and willfully holds to involuntary servitude or sells
into any condition of involuntary servitude, any other person for any
term, or brings within the United States any person so held, shall be
fined not more than $5,000 or imprisoned not more than five years, or
both.

Title 18 United States Code, Section §241.

If two or more persons conspire to injure, oppress, threaten, or intimidate
any inhabitant of any State, Territory, or District in the free exercise or
enjoyment of any right or privilege secured to him by the Constitution or
laws of the United States, or because of his having so exercised the same;
or If two or more persons go in disguise on the highway, or on the
premises of another, with the intent to prevent or hinder his Free exercise
or enjoyment of any right or privilege so secured - They shall be fined not
more than $10,000 or Imprisoned not more than ten years, or both; and if
death results, they shall be subject to imprisonment for any term of years
or for life.

















CIVIL COMPLAINT,
 
D

Dave_63

Guest
I just found this Mississippi state law would it apply here?:



§ 71-1-43. Income or principal of employee trust plan not to be encumbered.







The income or principal payable to a beneficiary or beneficiaries under any trust created by an employer as part of a pension plan, disability or death benefit plan, profit-sharing plan, or under any trust created under a retirement plan for which provision has been made under the laws of the United States of America exempting such trust from federal income tax shall not be pledged, assigned, transferred, sold, or in any manner whatsoever accelerated, anticipated, or encumbered by the beneficiary or beneficiaries. Nor shall any income or principal be in any manner subject or liable in the hands of the trustee for the debts, contracts, or engagements of the beneficiary or beneficiaries, or be subject to any assignment or other involuntary alienation or disposition whatsoever. Nor shall any income or principal be subject to the levy of any execution, writ of attachment, or garnishment thereon.







Sources: Codes, 1942, § 6995.3; Laws, 1954, ch. 206.
 

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