Withheld paycheck after I terminated employment.

[yurgon]

What is the name of your state? Florida

I recently terminated my employment because they wanted me to sign a paper for payroll deduction for damages to a piece of equipment. I couldn't agree to the terms of repayment. (There were things that I was not responsible for in the incomplete repairs list)My employer has been hostile with me even threatening to have me arrested, thrown in jail and to ruin my life if I fail to repay him. Can they with hold my remaining paychecks? I never received my last paycheck that was due on 6-28-2019, and I have to assume they will do the same to my next one due on 7-1-19. I was also told before I left that my remaining vacation days had been revoked as punishment for damaging the equipment. What legal consequences can he pursue against me to seek reimbursement for the damages I caused to the equipment? What am I responsible for? I have admission that events that initially led up to the equipment being damaged was partially my fault. The working environment was also part of the reason it occurred to begin with.

 

[justalayman]

You can sue him for your pay

He can sue you for damages you caused.



The judge will determine who owes whom.

 

[cbg]

Florida has very weak wage and hour laws. Most states have a law prohibiting an employer from deducting or withholding pay due to damages; Florida does not, which means he likely can - up to a point. Under Federal law, which applies in all states including Florida, the deductions cannot take you below Federal minimum wage times hours worked, plus overtime. Your best bet, should he attempt to withhold all your pay, is to file a wage claim with the Federal DOL (your state does not have a state wage and hour office) or to sue him in small claims.

Florida law does not require that he pay out your unused vacation time.

The law does not take a position on what you are responsible for, it this situation. There is nothing in the law that prohibits him from suing you - whether or not he can win a lawsuit is not an issue we can estimate with the fact we have, nor can we estimate whether he will sue or not.

I'm sorry to give you this news; in many other states he would not be able to charge you but you live in the wrong state.

 

[justalayman]

The only problem i see with filing with the fed dol is that if they are not speedy and the employer decided to sue the op, the employer could have the damages case heard and settled before the dol touches the pay issue. At least if they are heard together (claim and counter claim within the same action), if the op is found liable, at least the pay owed would be used as an offset.


Cbg

How long does a person have to file a complaint with the dol? Any idea how long a typical case would take to be resolved? I’m wondering if it might behoove the op to sit on this long enough to figure out what the employer is going to do.

 

[cbg]

The statute of limitations on a wage claim with the Federal government is two years, three if the violation is determined to be willful. Off the top I don't know how long a claim generally takes to be resolved. But here's some basic info on the process.

https://www.dol.gov/whd/faq_workers.htm
If it weren't for the fact that the OP admits to being at least partially responsible for the damages, I'd agree that his best bet was civil court. With that admission, I'm not so sure. He might want to see if an attorney will give him a free or low cost consultation to see what someone in possession of facts we don't have would see as the better solution. There are advantages to both.

Oh, and it goes without saying that he should file for unemployment immediately. It's unclear whether he quit or was fired, but either way he should at least get the claim on record. I'm not saying he'll for sure be approved under the circumstances, but if he does apply he might get benefits and he might not. If he doesn't apply he definitely won't.