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Question

basically, two weeks ago my former employer and I got into an argument which led to him screaming in my face and when he was done he turned to walk away...when I went to stop him, he shoved me down and put his hands up like he wanted to fight, so to defend myself I grabbed him by the wrists and wrestled both of us down and after a minute it was over...I left, and shortly thereafter, I was released from my position...I turned in everything that he had asked me to turn in(including my time sheet) so I could get paid and we could move on. Now he's telling me that he won't release my check and that it's been put towards a medical loan that he helped me pay. I gave no permission to do so. I contacted the fair labor board and have filed a wage claim but what I want to know is if I can go after lost wages, attorney fees, court costs, etc...or if I should just let the fair labor board do it's thing. Thank you for your time.

Submitted: 277 days and 14 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Location: United States, Indiana

Already Tried:
I've tried to contact employer to ask if he will release my final check and employer just gave me name and number to his attorney. Filed a wage claim with fair labor board, but they said it could take up to 12 weeks before they get to it.

Accepted Answer

Thank you for contacting our JA team for guidance.

 

Generally, the labor board is the most effect way to go because it has the authority to impose fines on the employer and recover your compensation at no cost to you. If you filed suit, you wouldn't recover anything within 12 weeks anyway, unless the employer just gave up.

 

You may want to call your local prosecutor about filing criminal charges against your employer for assault and battery, especially if there were any witnesses to the fight. Again, this would be at no cost to you.

 

If you wish to pursue civil charges against your employer for non-payment of wages and civil assault and battery, you should seek an employment law attorney in your area who offers free consultations.

 

It these options do not appeal to you, I would just wait and let the labor board do their thing.

 

Please let me know if you require further assistance.

 

Best regards,

 

TK

 

 

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Expert: Tina G
Pos. Feedback: 98.8 %
Accepts: 
Answered: 2/18/2009

Lawyer

Recognized for excellence in labor & employment law by ABA/BNA. 12 years experience.

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