Legal Question in Employment Law in Maryland

with holding of pay

here is the situation: i recently quit a job under not so good circumstances. a couple weeks later, my former place of work was broken into and minor vandalizing was done. my former boss called the police and told them that i am a disgruntled employee and he says that i am a suspect. he accuses me of doing it and will not give me my last paycheck. he has no grounds to stand on with his accusitions. now he is telling me that he put my money into an escro acount and i cannot get it without ''being cleared by the police'' whatever that means. i would like to know what i can do about getting my money, what my rights and obligations i have concerning talking to the police, in particular giving them my fingerprints (they are not on file, i have never been arrested) and what i can do to be compensated for the past couple weeks that i have not recieved my pay. i would very much appreciate a response to this including whether or not i should get an attorney and take him to small claims court. thank you


Asked on 10/30/02, 3:21 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: with holding of pay

There are two issues in your question that need to be dealt with. First is the payment issue.

In Maryland, employers are required to pay wages to terminated employees "on or before the day on which the employee would have been paid the wages if the employment had not been terminated." In other words, on or before the next payday. For example, if payday was the first Friday after the termination, you should have been paid on or before that Friday.

To recover the wages, you may file a complaint with: the Division of Labor and Industry,

Employment Standards Service,

1100 North Eutaw Street, Room 607,

Baltimore, Maryland 21201,

(410) 767-2357,

Fax (410) 333-7303

The DLLR may eventually go to court for you if they cannot persuade the employer to pay,

or you may bring your own complaint in court. If the amount is less than $2500, you can go to small claims court.

In either case, the court may award 3 times your wages, plus attorneys fees and costs, if they find that the wages were withheld "in violation of the law and not as a result of a bona fide dispute." It is hard to say whether a court would find the employer's accusation against you to be a "bona fide dispute."

From a practical standpoint, you might be best off calling the employer, explaining that you have checked with an attorney and have been advised that the employer may be liable for 3 times your pay plus attorney's fees and costs under the Labor and Employment Article of the Maryland Code (Title 3, subtitle 5), if you file a complaint with the DLLR or sue. Perhaps that will be enough to get the employer to pay.

The second issue is the criminal one. You talk about fingerprints and the accusation. I am not a criminal defense attorney and do not have expertise in the area. However, if the police believe you are a suspect, then you should get a criminal attorney immediately. If you simply want to clear yourself by voluntarily giving fingerprints, again, consult an attorney first. Your fingerptints are likely all over the workplace so this could be problematic. Also, you do not have to voluntarily give your fingerprints if asked by the police. Of course, if you are aressted, they will take your fingerprints.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 10/30/02, 4:13 pm


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