Re: withholding last two paychecks

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On 1/31/07, Evelyn wrote:
> On 3/11/06, S.EARNHART wrote:
>> I WORKED FOR A SMALL NEW COMPANY IN ELKHART INDIANA I HAD
>> GOTTEN INTO AN ARGUMENT WITH MY BOSS AND I TRYED TO WALK
>> AWAY HE FOLLOWED ME INTO THE WAREHOUSE I AGAIN TRYED TO
>> WALK AWAY AND HE FOLLOWED ME OUTSIDE. HE HAS TREATENED ME
>> WITH MY JOB SEVERAL TIMES BEFORE. SO I SAID FINE IF THATS
>> WANT THEN I'M OUT AND I LEFT. I CAME BACK THE NEXT DAY AND
>> I NO LONGER HAVE A JOB I TRYED TO GET MY JOB BACK BUT WITH
>> NO LUCK. NOW I HAVE GOTEN I LETTER IN THE MAIL THAT HE
>> WILL NOT RELEASE MY LAST TWO PAYCHECKS. EVERYTHING THAT I
>> HAD HAS BEEN RETURNED TO THE COMPANY. CAN HE HOLD MY
>> PAYCHECKS BY INDIANA LAW
>
> I worked for my son's daycare after I was terminated from the
> factory I had been working at. After a while there I saw
> things that shouldn't be going on at a daycare-or any place
> of business for that matter- and, perhaps I went the wrong
> way about this, tried to let other parents know what was
> going on, and I was terminated. Two weeks before this really
> became a problem, I had gone in to get my paycheck and they
> refused to give it to me. They still haven't mailed it to
> me, and they haven't sent me my last paycheck either.
> Apparently the state closed them down, but shouldn't they
> have mailed me my paychecks? And won't I still get a w-2
> from them? I did not mean to cause trouble for the owner of
> the daycare, but there were issues I felt that as a parent
> and an employee she should be addressing (especially since
> her own children attended the daycare) but was not.

Dear S.Earnhart: They certainly may not retain your last 2
paychecks; they are yours (in contract law, work comes first,
then compensation. You have already done the work). How great
that the company has sent you a letter stating that they will
not 'release' your 2 paychecks, though! See: now you've got
evidence that you are owed them, which otherwise might have been
difficult to prove. In addition, the writing proves they're
acting in bad faith; actually, their 'retaining' YOUR checks is
theft.

If your state is a one-party consent state (re: taping telephone
calls) then get them on the phone and demand your checks. Tape
the call[s]. Try to sound scared as that makes them usually make
admissions easier (they like to gloat).

Also: notify the CEO of the company of what's gone on.
If still no checks: sue them in small claims (if the amt. is
under the limit for that). Bring your letters, and your tapes.
Good luck! Attorney/Nurse