*My employer has accused me of theft, I have repeatedly told her i would answer any questions she had but not without a lawyer present. She is refusing to give me my final pay. I had an officer accompany me to the building today, he informed me that an investigation has begun against me. I went to the station and answered a few questions but was told i basically have to wait for a detective to contact me. He also informed me that the entire staff is aware of the situation. There is no real evidence against me and I believe at this point she is grasping at straws, however this is a small town and I am worried that my name will be affected. I will clear up things through the detective, however wondering my rights as far as Defamation of character and/or slander. I worked there for months, was only recently added to payroll. She has given me cash payments (not totaling more than $800). When hired (January 4th), I was given the position of Bar Manager and told I would be paid salary, which never happened. I have never received ANY type of pay check! The employee files are not complete and more than half do not contain any tax information. She is giving employees checks without attaching them to a social security number or any verification. She has given several employees (former and present) cash as payment for hours worked, instead of a paper check. I contacted Labor and Wage to learn my rights on final pay, by law she had 7 days from the 19th (my final day) to give me my final pay. My phone service has been turned off due to non-payment, my car has been repossessed (which occurred while still employed) and I do not have the money to pay my rent. She told me several times that my pay would be sorted out, that i would receive all my back pay. A few weeks before the accusations I told her I was seeking a part time job to cover my bills. She assured me i would be paid correctly and I believed her. I have had to take out loans from friends to feed my family and have gas money to search for employment. I left a job and have turned down several offers for other employment for this one because I honestly believed what she was telling me was truth, she kept assuring me that after the restaurant was solid, everything would be settled up and paid in full.
Please let me know what questions you may have for me and thank you for your time,
Thank you! 1 more quick question,
in regards XX XXXXXX #1- I can still file a claim even though she is accusing me of theft? Thank you again for your time! Erika
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).