Employer holding check for a hat?
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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 5 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 5 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.).
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