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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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an employee of a transportation co damages a vehicle. he was

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an employee of a transportation co damages a vehicle. he was fired for poor performance. he had been asked to fix the vehicle before he was paid the final check. He did not. the check was not given to the driver. is the request to fix the vehicle legal ?

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

Provided that the request to fix the vehicle was both provided to him before he was terminated AND it was part of his job description, the request is valid. However withholding the check is not valid. If the person was hourly and worked 8 hours (for example) before he was terminated, he is entitled to 8 hours of wages. Withholding wages would violate state law and would permit the terminated employee to make a complaint to the department of labor for unfair and illegal labor practices performed by the employer.

Good luck.

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