Employer holding check for a hat?

Get Legal Help Today

 Secured with SHA-256 Encryption

Employer holding check for a hat?

I was fired after 2 weeks at my job. I was hired, in writing, as a manager but later told that I was a low level employee. I asked for a mental health day due to stressing work environment and my diagnosis. Now they are refusing to give me pay for the 14 days I worked until I give them my hat which I threw away. What are my rights?

Asked on February 23, 2019 under Employment Labor Law, New Mexico

Answers:

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

Answered 2 years ago | Contributor

No, your former employer cannot do this; it is illegal. An employee must be paid for all time worked. If any company property is not returned by a departing worker, then the employer can sue them in small claims court or possibly deduct the cost of the property from the employee's paycheck (but only if the employee previously agreed to this in writing). At this point, you can file a wage claim with your state's deprtment of labor or sue your ex-employer in small claims court (if you win you will also be awarded filing costs, etc.).

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

Answered 2 years ago | Contributor

No, your former employer cannot do this; it is illegal. An employee must be paid for all time worked. If any company property is not returned by a departing worker, then the employer can sue them in small claims court or possibly deduct the cost of the property from the employee's paycheck (but only if the employee previously agreed to this in writing). At this point, you can file a wage claim with your state's deprtment of labor or sue your ex-employer in small claims court (if you win you will also be awarded filing costs, etc.).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption