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My son is owed $300 for work preformed. His employer has…

Customer Question
My son is owed...

My son is owed $300 for work preformed. His employer has refused to pay him because he, my son, took an ibuprofen pill from the home owner's medicine cabinet. What can we do to recover his money?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

No. It is a private construction/remodeling company. No HE. We are looking for help.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will. Paid hourly.

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

According to his boss the home owner had a video camera and saw him take it. This is in the bathroom.....where he had gone to use.

Submitted: 23 days ago.Category: Employment Law
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4/2/2018
Employment Lawyer: Legal Eagle, Lawyer replied 23 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,361
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 23 days ago

Thanks for your patience and I'm sorry to hear about your situation. Here is some information you can take back to the employees.

Generally, an employer must pay their employee at least a minimum wage, the wage agreed upon in their employment agreement, and overtime wages, if the rules regarding overtime apply to the employee. Also, an employee must be paid for all hours worked regardless of whether they are salary, hourly, part-time, or full-time.

At times, an employee may need to file a wage claim to recoup the money they were supposed to be paid. Sometimes, this money could be money that was not paid as promised or could be money that was inadvertently withheld by the employer (e.g. they took out too much for health care). Every state and the U.S. government have a process that an employee can follow to get a return on their wages. The government acts as the go-between for the employer and the employee. They have the authority to investigate and make a final determination on whether wages were to supposed to be owed.

The wise thing to do is to provide whatever documentation is necessary to make the government’s job easier. It’s important to remember that they are unfamiliar with an employer’s policies, wage scales, compensation plans, bonus schemes, etc. so if an employee provides much of that information in an organized manner in advance, then they are going to be in good shape. If a person has a complaint regarding overtime, they can actually just click here and follow the rules on how to file a complaint with the U.S. Department of Labor.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 23 days ago
The employer and my son had only a verbal agreement. According to his employer the 800 mg ibuprofen is a narcotic and taking it without a prescription is a third degree felony and since it "jeopardized the job" and since my son admitted in a text message that he took it, that my son should just move on and learn from this experience.
Employment Lawyer: Legal Eagle, Lawyer replied 23 days ago

I understand. Even if the agreement is verbal, your son is still owed for the time and the owner cannot withhold a paycheck because he took some legal medical like ibuprofen. If the employer is concerned, then he will have to take some other cause of action for trespass to chattels (personal property), but the employer's liability to your son is still there to pay him. What other questions did you have for me today?

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Customer reply replied 23 days ago
he can't with hold his pay, even though my son took the ibuprofen without the homeowners consent. My son has admitted to that. His employer was going to pay him this morning but changed his mind.
Employment Lawyer: Legal Eagle, Lawyer replied 23 days ago

Correct. He cannot withhold his pay even though your son took the medication, even if he admitted to it. He owes your son this money. Bot***** *****ne.

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