How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38107
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Hello! I quit my job due to unrelenting circumstances. I

Resolved Question:

Hello!
I quit my job due to unrelenting circumstances.
I have 4,000 worth of deposits in our work system for pictures. As I was leaving I took my pictures without permission. I understand this is wrong.
My previous Manager is threatening to sue me, and will also not give me my final pay check. My pay check is dated today, but she will still not give it to me. Texas law dictates through the TWC that not giving me my paycheck past today is against the law. She is threatening to sue me even though I've said I would give back the images (even though they're 'technically payed for'). Is this extortion?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

It is not technically extortion. Extortion would be if you were threatened with criminal action. A threat for a civil suit would not rise to that level. What it is, instead, is a violation of state employment laws as you pointed out, and that grants you the right to contact the state agency and file a grievance against the employer, or sue in small claims for your expenses. However please be aware that filing suit may create a situation where the other side could escalate the issue also, and they could potentially file suit for damages, and pursue possible criminal charges for theft from their premises, as this would qualify as such.

Good luck.

Customer: replied 1 year ago.

I understand, thank you for your help. I have one more question that does tie into my situation.


If I give back the product unharmed, unused, etc, and she refuses, what legal action can be taken against me?


Even if the product was payed for, or partially payed for.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Even if you return the item, since you took and removed it without consent, she could still seek damages to her business (if there was any) or criminal charges. That is why requesting a waiver under which the other party agrees to not pursue any legal or criminal charges stemming from this event may be very wise.

Good luck.

Customer: replied 1 year ago.

Sorry Dimitry, mouse glitched and hit poor service. You've been very helpful, can it be changed to great service?

Expert:  Dimitry K., Esq. replied 1 year ago.

Not a problem, I was likewise surprised at the poor rating.

If you could re-rate this post, it will over-write the initial rating and will remove it from your record. Please let me know if I can assist you in any other way. Thank you!

Customer: replied 1 year ago.

Absolutely! Hitting Excellent.


I do have one more question.


I was making commission over hourly.


I was intimidated and told not to clock in anymore because it was hurting payroll. This has been done to all of the employees at my last work place. No one clocks in, and if they do, they are eventually fired for consuming payroll. There is a paper trail.


Is this illegal? I understand employers can't baby sit employees clocking in and out, but I always found this off. Last question.

Expert:  Dimitry K., Esq. replied 1 year ago.

Great, thank you!

This does happen to be illegal also. You are entitled to be paid for hours worked, not hours 'clocked in'. This is likewise something that can be reported to the Department of Labor and potentially escalated to a lawsuit.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38107
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions