Legal Question in Employment Law in Maryland
Can they do this?
There was this situation at my job that ecallated from a 317.00 ordeal to a 764.00 ordeal, there was someone else taking care of this matter and it never got resolved, I turn got involved and got the matter taken care of but with a 764.00 interest payment. The boss was upset and flatly stated that she was not going to pay for this and inferring that I was. I told her to do what she had to do and that I wanted what was left of my check, but is this legal and can they take my money.That is not fair and no one else was ever told that they have to pay for anything and when I was hired there no one stated that we were finacially liable for anything. I have in turn quit this job due to this incident. Please help.
1 Answer from Attorneys
Re: Can they do this?
Assuming you never signed anything that gave the company the right to withhold pay, and your statement "do what you have to do" can not legitimately be construed as permission, then the company does not have the right to withhold pay.
They must pay you the money due for your work, and then work out any other monetary issues they believe are pending.
In this case, it does not sound like they have any right to insist that you pay for the interest, assuming that you were performing your job and working on the company's behalf, within your authority, when you settled the matter.
The three possible things to do are:
1) Contact the company (the President, or HR dept., or someone with authority), explain that money has been withheld from you illegally in violation of both federal and state wage and hour laws (which mandate that you receive the pay you earned generally by the next usual payday, even if you quit or are fired), and that you want to be reimbursed within 3 days (you can either pick up the check or they can confirm that they have mailed it) or you will file a complaint with the United States Department of Labor and/or other appropriate state agency.
2) If that does not work, then call up the DOL and ask for their help. You may have to file a complaint with them to initiate an investigation. The main number is 866.487.2365. Ask for the wage and hour division.
You could also call the Maryland DOL, which is called the DLLR - Dept. of Labor, Licensing and Regulation. The number is (410) 767-2357. Again, ask for wage and hour.
3) You can also bring a small claims case in court if all else fails, or even sue in state court. The small claims court is inexpensive, fast, and you do not need a lawyer. So, if all else fails, you can consider this option. Just look up state court in the phonebook and call the clerk's office for information on what to do to file your case.
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
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.