Can a business owner keep a check from a former employee?

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Can a business owner keep a check from a former employee?

My boyfriend worked for a small business owner never filled out any W-2 or anything like that and his former employer refuses to give him his check unless he comes to his property to pick it up. He got mad and said some things about the former employer that shouldn’t have been said like calling him a pedofile and saying he was angry enough to fight him to a friend on Facebook. The employer said he showed the police the messages and his lawyer and that he would need a very expensive lawyer to deal with this. Also, he refused to drop check off in our mailbox to avoid all confrontation. What should we do?

Asked on November 17, 2018 under Employment Labor Law, Nebraska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An employee is to be paid for all time worked. If they are not, then they can file a wage complaint with their state's department of labor, or they can sue for their unpaid wages in small claims court. Further, it is up to an employer to make sure that all tax forms and the like are properly filled out. Again, the department of labor can help with this. As for the social media post, etc., that s a separate issue that your boyfriend should consult with a local attorney about.


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