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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello! I quit my job due to unrelenting circumstances. I

This answer was rated:

I quit my job due to unrelenting circumstances.
I have 4,000 worth of deposits in our work system for pictures. As I was leaving I took my pictures without permission. I understand this is wrong.
My previous Manager is threatening to sue me, and will also not give me my final pay check. My pay check is dated today, but she will still not give it to me. Texas law dictates through the TWC that not giving me my paycheck past today is against the law. She is threatening to sue me even though I've said I would give back the images (even though they're 'technically payed for'). Is this extortion?

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

It is not technically extortion. Extortion would be if you were threatened with criminal action. A threat for a civil suit would not rise to that level. What it is, instead, is a violation of state employment laws as you pointed out, and that grants you the right to contact the state agency and file a grievance against the employer, or sue in small claims for your expenses. However please be aware that filing suit may create a situation where the other side could escalate the issue also, and they could potentially file suit for damages, and pursue possible criminal charges for theft from their premises, as this would qualify as such.

Good luck.

Customer: replied 4 years ago.

I understand, thank you for your help. I have one more question that does tie into my situation.

If I give back the product unharmed, unused, etc, and she refuses, what legal action can be taken against me?

Even if the product was payed for, or partially payed for.

Thank you for your follow-up.

Even if you return the item, since you took and removed it without consent, she could still seek damages to her business (if there was any) or criminal charges. That is why requesting a waiver under which the other party agrees to not pursue any legal or criminal charges stemming from this event may be very wise.

Good luck.

Customer: replied 4 years ago.

Sorry Dimitry, mouse glitched and hit poor service. You've been very helpful, can it be changed to great service?

Not a problem, I was likewise surprised at the poor rating.

If you could re-rate this post, it will over-write the initial rating and will remove it from your record. Please let me know if I can assist you in any other way. Thank you!

Customer: replied 4 years ago.

Absolutely! Hitting Excellent.

I do have one more question.

I was making commission over hourly.

I was intimidated and told not to clock in anymore because it was hurting payroll. This has been done to all of the employees at my last work place. No one clocks in, and if they do, they are eventually fired for consuming payroll. There is a paper trail.

Is this illegal? I understand employers can't baby sit employees clocking in and out, but I always found this off. Last question.

Great, thank you!

This does happen to be illegal also. You are entitled to be paid for hours worked, not hours 'clocked in'. This is likewise something that can be reported to the Department of Labor and potentially escalated to a lawsuit.

Good luck.

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