Can my ex-employer hold my final paycheck and sue me due to a client getting an eye infection from getting lashes put on by me?

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Can my ex-employer hold my final paycheck and sue me due to a client getting an eye infection from getting lashes put on by me?

I’m an employee not an independent contractor.

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Can the employer withhold your final paycheck? No; employee pay may only be withheld with employee consent or agreement, or else as required by law (such as court ordered garnishment).

However, if the employer has suffered some cost or loss due to your actions--say, for example, it paid the customer's medical bill--then it could sue you to recover the money. To win, the employer would have to prove in court, by a preponderance of the evidence (that it is "more likely than not") that you were negligent, or careless, and thereby caused the injury and loss.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country your former employer cannot legally hold back wages due you that you earned as "hostage" with respect to the eye infection that a client received due to the alleged improper conduct by you.

Given what you have written, I suggest that you consult with a labor law attorney and/or a representative with your local department of labor about what legal recourse you have as to the matter you are writing about.


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