Legal Question in Employment Law in Iowa
I was wrongfully terminated in Oct 2010 after 22 years of service and my employer refused to return my personal protective work clothing that I left in my locker at work (Over $800.00) and to which they refused to let me get. Employees receive $225 a year in clothing allowance for PPE and select what items they want to purchase through an online site to which employer adds allowance to each year). One item was not purchased with my employee allowance and through another company and I have also paid an additional amount for items as the total exceeded the available amount on my account. Nothing in the contract states that clothing is to be returned upon termination, retirement of ending of job. I have checked with employees that retired or left company and they did not have to return their clothing and even zeroed out their account right before leaving. I was an union employee and left union upon my termination and they did not grieve for me. I have filed wrongful termination claim (whistleblower) with OSHA and breach of duty to represent with NLRB and am now looking for an attorney to take my case (another story). However, I am now interviewing for jobs and will need my PPE for when I'm hired.
Can I file suit or take company to small claims court?
1 Answer from Attorneys
You can, but the ownership of the PPE gear is in doubt.
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