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One of my employees passed away and we are in the

Hello,One of my employees passed away and we are in the process of cutting his final paycheck that will go into his direct deposit bank account. However, his 401k information is a bit iffy because I don't really know how to handle that. What legal document is there that I can request from the deceased's family that will essentially allow me to process the employee's 401k and allow them to basically "take over" the account and/or funds? I'm not sure what exactly that is called, and the employee's family/friends aren't exactly in a position to go and see an expensive attorney to get this information themselves.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

 
14,624 satisfied customers
I am writing this on behalf of my Brother-in-law who is an

I am writing this on behalf of my Brother-in-law who is an upstanding Truck driver for over 21 years. He has never had a ticket or any violations. He was driving during a major snowstorm a few months ago and got stuck and could not get out as much as he tried. The plows kept going by him and it only made things worse. He contacted his boss and he said that he should get it towed. And he waited about 30 hours and they finally got him out. All was well. The situation is he found a new job that paid 6 cents a mile more and also full benefits so he gave his 2 weeks notice. He got his final paycheck from the company and it was almost $1000.00 less. They said he put "personal expenses" on the company credit card. One of the purchases was for towing. That charge was around $750.00. My question is, is that legal? I hate to have to see him take it to court because it would cost more to hire a lawyer? any advice from experienced drivers? Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,800 satisfied customers
My ex-employer is sleeping inside his franchised ice cream

My ex-employer is sleeping inside his franchised ice cream store, taking money out of the paychecks belonging to people working shifts where cash may be missing, not giving pay stubs with paychecks, not serving correct ingredients (therefore not complying with corporate contract), having his fourteen year old son serve ice cream and work for no pay in his store, refusing to send me a replacement final paycheck when all I did was lose the original, then sending me a paycheck with no signature, therefore making me waste my time and gas to drive to the store and get him to sign the check, which I haven't done yet, and demanded that I compensate money missing, which I refused to since I am innocent from any theft but still gave $38 as it was much less than what was initially demanded.I don't want the few workers, especially the poor fourteen year old kid, still working there to suffer my past boss's antics; is there something that can be done to change things? Should I contact a health inspector? How I should handle my final paycheck situation?

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NYFamilyAttorney

Licensed Attorney for 36 years

JD

 
620 satisfied customers
I have a judgement against me to pay off a truck that

Hi. I have a judgement against me to pay off a truck that I was using for work that was in my name. The amount was $10,000. They put a lien on my paychecks and I was paying it off bi-weekly. I was let go from my work about 7 weeks ago and only started working again a short time ago. I went to my bank account online and saw that I had $4400 frozen in my bank. I called up the lawfirm and was told they did that because they didn't receive a payment. I asked them if they had gotten word from my employer in california (I live in Arizona) that I no longer work there. No they said. I asked them since they had all my contact information, why didn't anyone call to ask me. Nothing.He then informs that that since my employer gave me a settlement at the end of my employment there and they didn't debt anything to go towards the judgement, that they were taking it directly from me, plus I am guessing the 3 payments that I missed. I said that it wasn't my problem if they messed up. Nothing.I told him that since I was moving on to a new job, that the money they were hold was my rent and food and that is all that I have. I said I would be happy to setup anything to get it paid off. He told me that if I paid him $3000 in his office, that they could release the $4400. I said I don't have that $3000 until you release the $4400. He gave me no other options. I stressed to him that I would do whatever I could to resolve this, he said that we my only option.Do I have anywhere to go with this? Does a judge have to make a final judgement on this and can I attend? Or am I pretty much at the mercy. Thanks. Rich

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Irwin Law

Juris Doctor JD

 
8,076 satisfied customers
We recently terminated an employee that handled our payroll

We recently terminated an employee that handled our payroll and accounting. I didn't have her final checks ready during the termination meeting and texted her 1 hour after she left that I had her checks. I asked, did she want to come back to pick them up, or I offered to drop off at her home or Fedex it so she would receive it the next day. Only problem was, she never used her home address, only a PO box. She wouldn't give me her address and told me to mail it to her PO box.This former employee then filed a complaint for penalties with the EDD, claiming she didn't receive her final paycheck until 1 week after we terminated her, even though the PO box was in the next zip code and the checks were there in 2 days at the most.Subsequent to her termination we filed a claim to recover unearned holiday pay and excess vacation hours she had paid herself and won this case in small claims court.There is a hearing to establish damages at the EDD coming up in January. I read the statutes about employer penalties if final checks are not provided at the time an employee is terminated. It seems that penalties don't apply if the employer actions aren't "willful" or if the monies weren't owed. Both are the case in our situation. How could I best present these arguments, is there any applicable case law I could cite? The amount involved doesn't warrant hiring an attorney to represent us.

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Asad Rahman

Attorney

J.D.

 
2,278 satisfied customers
I have never had issues with bad checks or writing a check

I have never had issues with bad checks or writing a check or receiving a check that was written wrong. I am a personal trainer I was forced to quit.I got picked on . There wasn't any management there. We had one fitness manager and he was young and made me feel uncomfortable he was super negative. I finally got my check I only worked there for 6-8 weeks. I am used to direct deposit but I'm in grad school and was just thinking finally I can get my books. I didn't pay attention to how the check was written I just signed it. Then today western union calls my cell phone by the way I don't know how they got my cell number. And he literally threatened me to pay him and said I'm a thief and he made threats. Ive never been in this situation so I was scared gave him a check . and I called the bank. I tried making a police report they pretty much don't believe me and said nothing criminal happened so theres no case. I feel like I was harassed, threatened and I know western union is known for scamming people. What didn't make sense he asked me to make the check to him? I don't know what to do.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,800 satisfied customers
Do I have any legal rights over my signature stamps? I am a doctor and my former employer

Do I have any legal rights over my signature stamps?I am a doctor and my former employer is refusing to return my signature stamps.

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
I have a cashier that turned away and did not report another employee pocketing money and

I have a cashier that turned away and did not report another employee pocketing money and selling merchandise? I plan to fire both, even though it's not on tape the cashier took money too. Can I fire the cashier for her involvement/or not telling? and can I hold both their final paycheck?

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RobertJDFL

Attorney

Juris Doctorate

 
11,594 satisfied customers
I messed up a final paycheck employee that quit. I

I messed up a final paycheck for an employee that quit. I told my bookkeeper he had 2 hours instead of 2 days. I didn't realize my mistake until he called wanting to know where his check was. I corrected the mistake right away and told him to come get his check. When he came to the office he was mad all the way through and threatened to sue me. He literally threw a summons form at me, but it is not filled out, its not notarized, it's just the blank form. Keep in mind the reason why this guy quit is because he has a drug problem, he is a drunk, he has a whole hand full of personal problems, that's why he quit. He did all of this while I was in the hospital, suffering from a minor stoke.Since the form is not filled out and since he was throwing around all kinds of empty threats. How do I handle this. I have also filled a police report.

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
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