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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111655
Experience:  20+ Years of Employment Law Experience
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I was employed by an employment agency as a temp. in July

Customer Question

I was employed by an employment agency as a temp. in July 2015. I worked a few days
on job on an office building in Raleigh and was shorted on my check due to an accounting error. They took out taxes and other withholding on a material reimbursement. The first check had been correctly done. Upon noticing their error I contacted them on Monday and asked for them to look into the matter. I was told the HR manager was busy and would call Friday. They did not return the call. The next week, I called again, still no reply. On the third call I spoke to the HR manager and she got confrontational and said she did not make an error. They never called me to work since and never looked into the matter, even after filing with the NC labor dept. I am more concerned with their terminating me than the money they shorted me. (less than $100). After filing with the Labor Dept., I called the CEO, who I worked closely with, and he said if I came that day to his office he would pay me. But, was 20 miles to his office to collect. It would cost more in mileage and time than the amount owed. Also, I had already sent an E-mail saying since it had been over 90 days and the company refused to correct their error I would let the labor dept.handle it and would seek compensation for retaliation on their part. A few days later I texted him as to whether he had looked into the error and he texted "hold on a minute"; after playing phone tag for a few days (my father had suddenly passed), he failed to respond to my last call and I haven't spoken to him since.
My question is will the labor dept. be likely to consider this as 1) Frivilous on my part or, 2) as retalitory on their part and 3) how likely am I to collect from the Labor Dept. investigation ?
Tom Lytle
***@******.***
I know it is not much money, but it will be a problem I will have to pay $200 and several hours to correct their mistake. Plus, they refused to deal with the problem for so long.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they are not hiring you based on your wage claims against them, then this is illegal according to the wage act and it is basis for suing them for retaliation for you making wage claim. So you need to pursue your wage claim, but more importantly, you should have a local employment attorney and consider pursuing them for illegal retaliation for you filing a wage claim which you had a right to pursue.

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