What to do if my ex-boss won’t give me my final paycheck?

He is currently away and has told the sub-GM that I can’t get my paycheck until I speak with him. I was a delivery driver. I don’t want anything to do with him because he made me very uncomfortable; asking me personal sexual questions, saying how he would prefer to sleep with me over the other female employees and calling me at 12 am to settle personal disputes with his fiancee. He is alledging that I purposely broke a sign that went on my car. The problem is that it would fly off my car while i was driving. I attempted to get him to let me not have it on my car however he said no. He is also trying to charge me for an order because my car broke down on my way to deliver it. I have no proof of my hours.

Asked on November 17, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your ex-boss has no right to withhold your paycheck--he must provide it to you, and if he won't, you could sue him for it. More to the point, from what you write, you may have a viable lawsuit for sexual discrimination: an employer may NOT make sexual comments, for example, or pose sexual questions to an employee. You should consult with an employment law attorney about possibly bringing a sexual harassment lawsuit and also recovering your pay.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.