I need some legal advice.

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  • pumaking
    Registered User
    • Aug 2004
    • 123

    #1

    I need some legal advice.

    Well guys April 23 I was terminated from job, what happened was I arrived at work on my scheduled shift and the GM of the company said your not allowed to work here anymore etc etc. so I left yada yada. 2 weeks past my final paycheck hasnt arrived so I was like what the? I worked 12 hours that week at $7/hr for a total of $84 w/o taxes. So I called the store and asked yo wheres my paycheck and the manager said you dont have one yada yada call the GM. so I called the GM and he said I wont be getting a final paycheck b/c of money lost in the cash registers, and because of a incident I had with a customer I'll explain later. Anyways so the GM accuses me of taking money out of the drawers, what makes him think that? Easy b/c I was using a calculator. So he thinks I was using the calculator to figure out the money that needs to be in the drawer. I was like oooookk........ you have no proof of me taking money but b/c I used a calculator which was to add up the hours of how much I'm roughly getting that week. Ok so to make it clear absolutly no proof of me taking money, etc etc I never took money no reason to, b/c the job gave good tips like $3/hr with tips so thats like $10/hr so no reason to steal money. Anyways so the GM also mentioned the incident that I had with a customer, heres what happened this guy with his family placed an order with me which was 2 ice creams and 2 milkshakes which came to a total of $20.52 the guy said hold on my wife wants something else so he threw some cash in the tip jar and left, now at the time the store was SOOOO packed I couldnt see where he went so the guy pretty much ran off so I counted the money he threw in the jar which was 3 $5 bills so the order was short $5.57, and b/c it was soooo packed pretty much a line out the door, I really cant go out and chase the guy down b/c I'd probably injure another customer in my attempt to catch the guy and that would of been far worst than just giving up $5.52. So after all that crap there refusing to give me my paycheck b/c of $5.52 and the other stuff which they have no proof of me taking.

    Now to make it clear I dont care about getting fired. I care about my paycheck, they are refusing to give me my final paycheck. Now I've already contacted a lawyer gave them my story and they'll call me back. But I want your guys input. Oh yea if it helps I signed a contract stating if anything were to happen and I'm responsible for money lost than they'll take it out of my paycheck, I have no problem losing $5.52 but to withhold my full paycheck than we got a problem.
  • Kevmaster
    Owners Group Div: Director
    • Oct 2001
    • 5475

    #2
    no quetsion they owe you 84.00

    most stores even have a +/- 5 rule where if you're within 5 or 10 dollars of the Z print out, they don't care. mine didnt care no matter how far off i was. then again, i was also countin the cash

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    • Lohman446
      Useful posts: 7
      • Jun 2003
      • 9315

      #3
      Send a notarized letter by certified mail requesting the amount due to you. Give them ten days to remit the amount to you and leave vague ideas about "seeking appropriate remedies if I am not paid the funds due to me". You might also remind him, by not paying you, they are also likely not paying appropriate social security taxes. You may ask them if they paid payroll taxes on that $84 - if they have not they have an issue with social security and the IRS. In the end, they are going to pay you. A notarized, certified letter usually looks official enough to get results.

      Edit: this is in no way to be construed as legal advice - it is simply my opinion. I do not have the appropriate legal credentials to offer legal advice. If you continue to have problems seek someone who does - though its likely a loss for $84 if you cannot collect yourself. Small claims court is your friend in this case, fill out the forms if you don't get the appropriate resolution. Is the GM the owner? It sounds suspiciously like he may be pocketing some funds here....
      "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

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