Legal question about withholding a paycheck.?
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Legal question about withholding a paycheck.?
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My husband is a subcontracter installing alarms for ADT. He is switching to a new company, and this is his last week. Yesterday, he had to turn in all his equipment, etc, and they said he was $1800 short on inventory.
Now, his boss (the sub company) is claiming that they are withholding his last 2 checks due to the inventory bill.
Can they do that?????
Our family lives paycheck to paycheck and are behind as it is.
Please help if you have any advice.
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jessica
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FLSA (Fair Labor Standards Act) prohibits any employer from withholding earnings. They can however sue him if it is a legit claim on the lack of turned in inventory. You can file a claim with the Department of Labor - it does not require hiring a lawyer.
I also found the garnishment regulations as well that they would have to follow - second link |
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internationalsnubber
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Legally, yep. What he has to do was prove that the inventory was used in job function. He will have to go into office, pull out job files and account for inventory. As a sub-contractor, when he is given inventory for installation is he legally responsible for it. |
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Meems
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You should contact your attorney general's office. They will be able to tell you the answer to this AND will pursue legal action for you with the company if the company is in the wrong. Good luck. |
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Double A
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They cannot legally withhold your paycheck for any reason. You did the work they have to pay you...the inventory has nothing to do with being paid for the work you performed. |
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Melissa S
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Yes they can. He was given equipment to use on the job and if this is not all turned in at the time of departure from the company, yes they can legally withhold his paycheck. If they didn't do that they would never get the money back for lost or stolen equipment. Sorry, I hope that everything works out. |
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Matt Woodard
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LEGALLY no they can not withhold earnings due, that is against the flsa unless they signed a contract at the begining of employment stating that...the company should settle the unaccounted for inventory outside of his check if they feel that need to |
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