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I have a question related to my previous employer. I have…

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Hi, I have a...

Hi, I have a question related to my previous employer. I have terminated our relationship in early February. I have returned all equipment and am owed a $50 deposit. How long do they have to return those funds to me, and when can/should I open a case (if there is one) against them? By the way, my name is Howard. Thanks.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Not yet. I am reaching out to you as I have been patiently waiting for them to do the right thing. According to the folks that I used to work with they have yet to return these funds to anyone either current or past employees.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union. I was a commissioned sales person with a local car dealership.

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

No thanks.

Submitted: 1 month ago.Category: Employment Law
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Answered in 5 minutes by:
3/24/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 537
Experience: Member at Keefer & Keefer LLC
Verified

Hello Howard. My name is ***** ***** I am an attorney. I am working on a response to your question and should have that to you shortly.

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Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

It is likely that the deposit you provided to secure the equipment does not constitute wages under state law. Thus, there may be no legally prescribed time period for the return following return of the equipment. That said, if the car dealership had a written policy about the deposits and provided a timeline, it should be bound by its own established timeline. There may also be an argument that, if the deposit was originally deducted from earlier pay, it is wages unless there is either a policy about its return that has not yet been violated or there is a separate agreement covering how the deposit will be handled. In any event the deposit most likely must be returned upon return of the equipment and in determining how long the dealership has to return those funds, a court may simply impose a reasonable time test. In an employment situation, a reasonable time is likely at the time of the next pay period after return or at such other regular interval as the employer regularly pays accounts, whichever is earlier.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Attorney Wendy, Lawyer
Category: Employment Law
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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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