Employment Law

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Is was recently wrongly accused of stealing money from my…

Customer Question
Hello is was recently...

Hello is was recently wrongly accused of stealing money from my job & now my employer wont pay me

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

It happened in new york

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It was part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

After accusing me i went to pick up my pay & she said i will have to mail you a check because i am deducting the amount that was stolen & the cost of putting a new lock on the door. She also harassed me with hours of texts, insulting me , calling me names , etc.

Submitted: 9 months ago.Category: Employment Law
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Answered in 1 minute by:
9/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,401
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I am sorry to hear about your situation. Generally, an employer is required to pay you at least a minimum wage for every hour that you work. Employers can only withhold money in the event that you have agreed to reimburse them, for state and federal taxes, and for unemployment insurance, in addition to whatever benefits that are taken out with your consent. An employer is not allowed to withhold pay as a result of a theft accusation unless it’s specifically stated in your employee handbook that you may agree to this. Otherwise, this is a breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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