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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116294
Experience:  20+ Years of Employment Law Experience
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I am a Kansas Resident. I have terminated my employment as

Customer Question

I am a Kansas Resident.
I have terminated my employment as of 5/14/2016.
My employer and his business partner has since launched a vindictive campaign against me which includes:1) taking over personal email accounts, changing passwords, changing security settings; by using confidential employee records that have this info.
2) withholding my last 2 paychecks
3) holding my personal effects, tools, and equipment in lieu of "missing" items.
4) attempting to slander and libel my name
There is NO SIGNED CONTRACT with this employer.
My last encounter with this employer caused me to hurl "colorful metaphors"....all the while being "smartphoned".
I need help to move on with my life...what can I do to legally get what's mine and be done with these incorrigible jerks?
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.
They cannot withhold pay, that is a violation of the wage act and also the Fair Labor Standards Act. If they are not paying you what is due, you can file a wage claim against them with the Department of Labor Wage and Hour Division. Failure to pay wages when due entitles you to seek the wages due plus an amount equal to the wages due for liquidated damages (two times wages due if you can prove willful and malicious withholding).
He also cannot withhold your personal property if you did not take these alleged missing items. If he has proof you took them then he needs to sue you for them.
Additionally, he cannot make known false statements against you, which would be grounds for you to sue for defamation on top of your suit for wages due.
So you have legal grounds to sue the employer and you need to get a local attorney to file suit against this employer and seek your damages from them in court and also get a court injunction to stop them from continuing from making false statements about you and to return your email accounts.