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Snake6 ![]() Platinum Member ![]() ![]() Outranked by guitarguy? Joined: 11 September 2003 Location: United States Status: Offline Points: 11229 |
![]() ![]() ![]() ![]() ![]() Posted: 18 September 2010 at 1:05pm |
As some of you know, I recently quit my job to go work for a new company. My former employer didn't take my leaving very well and some things were said that were not very respectful to me. As such, I emailed him my letter of resignation and quit immediately since it was a "no notice" job.
Today he calls me and tells me that I wasn't doing my work properly and now he is going to lose money(there were no complaints before this), and he told me that they were holding my last paycheck and that he wanted me to come in today and fix it. I told him no, as I had already made plans for the day and I was no longer employed by him. He then threatens to sue me for the money he claims to have lost due to me and proceeds to yell at me over the phone so I hang up, as I don't take being threatened or yelled at. Also, I was working under the table and had never filled out an application or I-9 or any paperwork for that matter other than a NDA. My questions are: Legally speaking, can he hold my last paycheck? Also can he sue me because he says I did work improperly? If he does sue me can I counter sue for tarnishing my reputation? Can he contact my current employer and get me in trouble there? |
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God ![]() Moderator Group ![]() Pull My Finger Joined: 09 May 2004 Status: Offline Points: 1381 |
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How much money is in queston? Most likely it isnt worth anyones time. It may seem like alot to you right now but in the grand scheme of thing it isnt going to be much. Sounds like a bunch of hurt feelings to me. And as long as what he says is true or stated what he say is his opinion, he can say what he wants to whom ever. Also some of your questions are way too specific and need more information... If you really want to pursue this, which I think would be a waste of time, especailly if your too busy to change weekend plans to solve this deliema, then talk to a free legal advisor, i am sure there are some in your area, and they can help you. Edited by God - 18 September 2010 at 1:21pm |
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Snake6 ![]() Platinum Member ![]() ![]() Outranked by guitarguy? Joined: 11 September 2003 Location: United States Status: Offline Points: 11229 |
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Its really not much money, like $400 total. We were talking on IRC and MBro linked me over to the state law regarding it here: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29
The TL;DR is that an employer can for no reason withhold wages, and if they do there is a form you can fill out, and the state will instigate and recoup your wages for you. So what I am really concerned about is that the employer will sue for damages or w/e. Also I am concerned it will hurt my job opportunities in the future as he will be giving me a bad reference. |
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oldsoldier ![]() Moderator Group ![]() Crazy old guy Joined: 10 June 2002 Status: Offline Points: 6725 |
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Did you sign a contractual agreement on taking the job? Many times stuffed in the paperwork will be a implied 'contract' requiring certian actions before resignation. If so you are pretty well hosed if you do not follow contracted obligations. And yes if this contract exsists the employer can hold back wages until contract obligations resolved, and employer can also sue for failure to comply with the contract.
Use whatever state agencies are available to resolve this, a good mediator can do wonders. Your resume will suffer for awhile, in todays computer age your name and this employer will be linked in a background investigation. Also an implied 'verbal' contract is legal in some states, so even though under the table, employer can insist there was a verbal contract. Edited by oldsoldier - 18 September 2010 at 2:02pm |
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Snake6 ![]() Platinum Member ![]() ![]() Outranked by guitarguy? Joined: 11 September 2003 Location: United States Status: Offline Points: 11229 |
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There was no contract, the job was considered "no notice"
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Impulse. ![]() Member ![]() ![]() Banned for linkage to Doll Pron Joined: 12 May 2005 Location: Austria Status: Offline Points: 782 |
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Working under the table? You can't get your check
He can't bring you to court.
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God ![]() Moderator Group ![]() Pull My Finger Joined: 09 May 2004 Status: Offline Points: 1381 |
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Why would being paid under the table matter. Snake has til next spring to pay his taxes? I dont have much background in this area so I am really asking because I dont know the answer. |
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brihard ![]() Platinum Member ![]() ![]() Strike 1 - Making stuff up Joined: 05 September 2004 Location: Canada Status: Offline Points: 10155 |
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Caveat: I am not a lawyer. That said...
A contractual relationship should exist between the two of you regardless of whether or not the job is under the table. Did you sign anything from him along the lines of an offer of employment? "Snake6 will perform these duties, in return for this amount of remuneration". Something like that. You not reporting the income come tax time (if you do not) is a separate issue, one that is its own discrete offense. Likely he is guilty (or intends to be guilty) of various offenses involving whatever tax and social benefit obligations belong to am employer in your state. Those are side issues, and do not nullify the contract between the two of you. If there is not written contract, an oral contract is still a legitimate contractual relationship. Simply inform him that if he wishes your employment arrangement to stay 'under the table', he'll give you your check and you'll both say nothing further on the matter. Failing that, he may subsequently become liable for whatever he might have to pay, and quite likely will receive some sort of scrutiny and perhaps a tax audit. Since you're apparently committing (or intend to commit) income tax fraud, I don't have a lick of sympathy for the position you find yourself in- however, he stands to lose far more than you should bring some official notice to this, and frankly I've got a bigger problem with an employer exploiting an employee. You're both in the wrong, but him more so, and you have a hell of a good way to screw him right back if he pushes it. I would also tell your current employer that you're in a dispute with your past one, in case he should decide to tarnish your reputation with your current employer. Finally, I won't preach on the tax evasion issue, but just realize that in the future if you end up in one of any number of public sector jobs, law enforcement, government, etc, you might find yourself subject to a polygraph test, and they often like to ask whether you've ever knowingly withheld income from disclosure for taxation purposes. Weigh your options on this one... |
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"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."
-FreeEnterprise, 21 April 2011. Yup, he actually said that. |
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choopie911 ![]() Moderator Group ![]() ![]() Commie Canuck Joined: 01 June 2003 Location: Canada Status: Offline Points: 30773 |
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It seems to me it's illegal for him to try to tarnish your reputation. Even if your current job called him and asked about you, they cannot give a bad reference. They can say they wouldn't hire you again, but that's about it. If they actively called your new employer to be butthurt to them, they would be shooting themselves in the knees.
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brihard ![]() Platinum Member ![]() ![]() Strike 1 - Making stuff up Joined: 05 September 2004 Location: Canada Status: Offline Points: 10155 |
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False. as long as the information is job related and evidence based, sure they can. |
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"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."
-FreeEnterprise, 21 April 2011. Yup, he actually said that. |
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mbro ![]() Moderator Group ![]() ![]() Original Forum Gangster Joined: 11 June 2002 Location: Isle Of Man Status: Offline Points: 10750 |
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I'll stand by what I said in chat, it is illegal for him to withhold your wages so file your complaint but be sure to declare on your next tax return what you were paid in cash. If you taxes due will be more than what you are owed just let it go.
If you choose to pursue it you will win. The law is clear on this one. |
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![]() Don't blame me, I voted for Kodos. |
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Brian Fellows ![]() Platinum Member ![]() ![]() Thats MISTER Fellows to you... Joined: 29 December 2005 Location: Neutral Zone Status: Offline Points: 3489 |
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Sounds like he be hornswagglin' ye. If I were ye, I'd be keelhaulin' the scurvy bilge-rat.
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agentwhale007 ![]() Moderator Group ![]() ![]() Forum's Noam Chomsky Joined: 20 June 2002 Location: Statesboro, GA Status: Offline Points: 12014 |
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Skin hat, tech-9, etc.
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PaiNTbALLfReNzY ![]() Platinum Member ![]() ![]() Arsenal FC Fan Joined: 07 July 2002 Location: Maryland Status: Offline Points: 3807 |
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His plan to make you come in was an obvious skin hat attempt. Good thing you baulked (sp?).
Edit: Damnit, whale beat me to skin hat. Edited by PaiNTbALLfReNzY - 19 September 2010 at 4:31pm |
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Snake6 ![]() Platinum Member ![]() ![]() Outranked by guitarguy? Joined: 11 September 2003 Location: United States Status: Offline Points: 11229 |
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Recieved this today:
I sent them a certified letter to prompt this response.
Any suggestions? I thought a w-4 was teh correct form? Also I have not changed my address since I started working for them, they obviously consulted a lawyer. Edited by Snake6 - 24 September 2010 at 7:14pm |
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brihard ![]() Platinum Member ![]() ![]() Strike 1 - Making stuff up Joined: 05 September 2004 Location: Canada Status: Offline Points: 10155 |
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Sounds fair. Do you know if they've hired others under the table? If so, report 'em. Since they've decided the rules now matter, they won't mind.
Edited by brihard - 24 September 2010 at 11:12pm |
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"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."
-FreeEnterprise, 21 April 2011. Yup, he actually said that. |
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Snake6 ![]() Platinum Member ![]() ![]() Outranked by guitarguy? Joined: 11 September 2003 Location: United States Status: Offline Points: 11229 |
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Got this late last night as well:
None of what they are saying is true, and now they are putting words into my mouth. Its amazing how before I quit they were very pleased with my work, and now this... Edited by Snake6 - 25 September 2010 at 9:32am |
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brihard ![]() Platinum Member ![]() ![]() Strike 1 - Making stuff up Joined: 05 September 2004 Location: Canada Status: Offline Points: 10155 |
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Shens. It they're so desperate to save the couple hundred bucks they owe you, they sure as he'll won't spend the cash on legal fees to 'take legal action'.
Simply tell them the score: you get your check, you're done with them and nothin more will be said. All you want is your last pay check, which by law you are entitled to regardless of all other circumstances. If they wish to get stupid about it and push the issue farther that's their choice, but they have more to lose. |
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"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."
-FreeEnterprise, 21 April 2011. Yup, he actually said that. |
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ParielIsBack ![]() Platinum Member ![]() ![]() future target of fratricide Joined: 13 October 2008 Status: Offline Points: 3778 |
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They probably have a whole lot more to lose if you let the IRS know they've been paying people under the table than you do if they tattle on you for taking money under the table.
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BU Engineering 2012
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usafpilot07 ![]() Moderator Group ![]() ![]() FreeEnterprise's #1 Fan & Potty Mouth Joined: 31 August 2004 Location: Tokelau Status: Offline Points: 4626 |
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Make sure you are taking what everyone is saying into account with a grain of salt. You start threatening to report them to the IRS for under-the-table pay practices, thinking that they'll(the IRS) let you go in order to go after your former employer; you are opening the door to things like extortion and blackmail charges from your former place of employment.
Plus, if you really WERE lollygagging in your last week at work, and it came to court, I imagine that it would be quite admissible in court. |
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