My Former Employer Will Not Give Me My Last Paycheck

[kidzndogz]

What is the name of your state? NJ
I recently quit my job in a local school. I worked as an onsite daycare provider for the teacher's kids. When I cleaned out my stuff, I took everything that belonged to me. This included some children's videos with my name on them as well as a coat rack that was not attached to the wall itself. I had this coat rack custom made because the daycare parents/school refused to buy any shelving whatsoever. A friend of mine made it for me to my customizations. I just received a letter in the mail from one of the daycare parents telling me that the school is holding my last paycheck until I return all of "their stuff". Included is the door key which, of course, I had planned to give back to them when I went to collect my paycheck. The rest of the stuff is mine. How can I get my paycheck without having to give them back my own belongings??? Is this even legal??? These people play dirty. How am I going to make sure that I get my portion of my life insurance and my pension????

 

[panther10758]

Long as you hold key they hold paycheck! You listed items you say belong to you but you only state former employer wants door key! Find out what it is they want and if its yours show them that.

 

[kidzndogz]

Ooops, I wasn't clear

I can see where my original post led you to think that the door key is all they want. No, the letter states that until I return "all school property including, door key, FAB, coat rack, books, etc" that my paycheck will be held. How can I show them that these things belong to me? My movies have my name on them but they are not listed in the list unless they are part of the "etc". The coat rack was made custom for me by a friend of mine who is a carpenter. How do I prove that it is mine?

 

[kidzndogz]

At this point, I may just go to the cops and give them the key and ask them to exchange the key for my paycheck for me. Would they do that, do you think? I was just released from the hospital last night and I don't want to aggravate my condition by going to the building directly. I just want my paycheck and to be done with it.

 

[panther10758]

The only way cops would go is if it was with you and you told them you felt threatened going alone. You might talk to friend who made coat rack far as other stuff if you cant prove it you may be sunk. Look at it this way whats more important that "stuff" or your paycheck? You can always sue them for it later!

 

[kidzndogz]

OK guys, thank you.

 

[Zigner]

Check with your state's labor department: http://www.state.nj.us/labor/

Whether they think you hold some of their property or not really is a separate matter from any wages you are owed.

 

[cbg]

The only state in which an employer can legally hold your paycheck pending return of company property is South Dakota. You can file claim for unpaid wages with your state DOL.

This is not to say that they can't sue you for the return of the property they believe belongs to them, and from your own description I am not as certain as you that all the property you describe is legally yours. You would have to fight ownership out in civil court if it comes to that.

 

[smkat]

Did you bring the videos with you when you started work there? Did you purchase them out of your own paycheck and have receipts to show it? Did your work ever reimburse you for the videos or coat rack?

I don't know enough about payroll and all that to say anything about part of it... but your answers to those questions could help establish whether or not those things you took REALLY are yours.