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How do I go about recouping a deduction if they will not…

How do I go about...
How do I go about recouping a deduction if they will not communicate with me? I have not filed for unemployment because I quit. I am considering applying due to what I feel may be a hostile environment.
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Answered in 58 minutes by:
1/25/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,476
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The only way to recoup pay from an employer if they won't communicate with you is to file in small claims court, suing for the amount in question. Court, unfortunately, is the only way to get people to do things they don't want to do.

As for filing for unemployment, you can do so. it is a difficult, but not impossible, argument to make. You have to argument that you were constructively discharged through the employer's behaviors. I wouldn't use "hostile work environment" because that might confuse things. That term refers to discrimination based on race, religion, gender, age or disability, not just a harassing workplace. If you experienced discrimination based on one of those factors, you should be filing a complaint with the EEOC in your state too.

So, don't use that term unless you are actually referring to that sort of discrimination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,476
Experience: Employment/Labor Law Litigation
Verified
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