Legal Question in Employment Law in Massachusetts
Boss has been deduction money from my paycheck for years is this legal?
So here the deal, my's boss has been deducting business losses from the employee payroll. and here how he did that, the boss owns his own payroll company and pays his employee's cash with a payroll stub, the payroll stub has all the proper deduction and then after everything is printed out her boss writes in the corner another deduction that is suppose to represent some sort of cash shortage, when the boss is asked to show where the so called shortage came from the boss is unable to show it and when asked to provide the total taken out for the year he is unable to provide the deductions.
so I finally got the nerve to contact the AG's office of labor only to find out that these deductions are business losses that should show up on the companies profit and lost statement and can not in any way be passed onto the employee's, I also found out that because my boss removes the cash before paying the employee my boss is actually steal ling money from his employee's
Now due to other circumstances I had to contact the corporate office and during this contact asked them to provide at least last year total deduction and if possible 2-3 years previous also so I could amend my tax returns, well today the boss approached me and told her that he has to pay back all the deducted money for the last 3 months but from what i am reading it is 3 years for amendments and 5 years for payroll mistakes, and indefinite if proved that these were criminal actions.
So I was wondering if it would be possible to confirm any of the laws regarding payroll and illegal deduction in the state of massachusetts?
Look I ask this because I has worked for him for 6 years and so far we are up to almost 4300 dollars in deductions that were removed from my check after taxes were already removed and I am just 1 of 15 or more employees that this was done to. so I know this is going to get bigger than i can handle once i start contacting past employee that were stupped out of their money. I figure with interest, penities and mass being a triple reward state it could quickly add up to a fairly large amount, now on top of all this the chain of stores were just bought out by a large chain that I know is will to pay for this to go away but their legal team is huge and they will beat me into the ground
any advice out there??
2 Answers from Attorneys
You should file a formal complaint with the mass AG asap. You are uonly entitled to triple damages after a complaint is filed. I am away but please call me on my cell tomorrow at 781 249 2315.
You may describe a violation of Massachusetts Wage and Hour Law (Ch. 149, � 148). The unlawful failure to pay wages and salary, including overtime, will result in the mandatory tripling of damages under this law, plus the award of a reasonable attorney�s fee. There are also potential violations of federal labor laws and state and federal criminal laws.
You do not want to delay for long in acting on your case by filing a claim, with the assistance of any attorney, with the Wage and Hour division of the Attorney General's office. This is a prerequisite to filing suit.