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Cna I sue my emplyer for withholding my check?

I just quit my job at Arby's in Tn. I was tired of being treated unfairly for example my husband had came in to eat one day and paid full price for his food when he was done he wen to refill his drink and accidentally walked though my co workers dustpile because he was carrying our son and did not see it. She cussed him and told him to leave and never come back the GM is friends with her but said to us she was sorry and would write her up for it and make her apologize to the both of us for it. Well she never wrote her up and we never got an apology. This girl also is late all the time if she even bothers to show at all has admitted to being on drugs to the gm and has yet to have anything at all done to her. I was 10 mins late one day and had texted my night manager that i would be there but would be a little bit late so dont worry at 4:20pm, my shift was not until 5pm. The reason for being late was because I was talking to a manager at the place i was wanting to work to see about a job. I intended on putting in my two week notice that day and instead the GM takes me back says she is writing me up because i was late and didn't tell anyone. When i told her I did and the manager showed the text to her she said it didn't matter that she was writing me up anyways. So I walked out. Today is payday for me (everyone else got to have their checks yesterday because today is good Friday and most banks are closed here but no one told me) and when I went to pick my check up My gm had left a note to the manager saying I had to have my uniforms to get my check when it clearly says on that an employer can not withhold your check for uniforms or anything. I contacted the local police who said they don't handle it i have to speak to the labor board about it but he would talk to the Gm for me. He did and it solved nothing. She said I signed a paper saying I would return my uniforms if I quit or they can take my pay. I had the manager pull my file and found the paper she was talking about only there was a place for a signature and I had not signed it. I then took a picture of it in case she tried to forge my signature in the future. I still have yet to get my check and have two kids and rent due. I lost my uniform shirts before i quit and she knew this. I moved and lost them in the move because at the time we were wearing the new Arbys good mood food t shirts to work and I had those but those were gave to us for promoting the new angus three cheese and bacon sandwich. Can I sue over this because she has clearly said she will not give me my check until she has the uniform shirts and hat in hand. I am going to be late on bills and never been late on a bill in my life plus have a 3 year old,1 year old and a husband to feed, my husband has also been laid off from work at fedex. SO i am the only source of income for us. Please help I need to know my grounds and the local labor office was closed today.

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Asked by Anonymous at 9:35 PM on Apr. 22, 2011 in Money & Work

Answers (5)
  • Where are you going to get the money for a lawyer?

    Answer by Anonymous at 9:41 PM on Apr. 22, 2011

  • I honestly don't know if you can sue or not.....well, you CAN sue, but I don't know if it will do you any good. I'm not familiar enough with those laws. The signing of the paper thing, though, I do know that some employers have you sign something that pretty much covers everything toward the end. So even if you didn't sign that particular form, you very well may have signed something saying that you have received *this* *this* and *this* and agree to it all.

    However, knowing now isn't going to help you. The courthouse won't be open until Tuesday and the labor office will be opened that day. So I would just go straight to the labor office and find out my rights and then go to the courthouse to file a lawsuit if that is what you feel would be in your best interest.

    Answer by AllAboutKeeley at 9:42 PM on Apr. 22, 2011

  • Well My husband and I read every inch of the paperwork in my file and nothing at all said anything about htat except for the one I did not sign and the only other thing I signed was the tax stuff.

    Comment by Anonymous (original poster) at 9:44 PM on Apr. 22, 2011

  • Call the department of revenue in your area, they will help you go after your check and get it for you at NO COST.

    Answer by sendcheer at 8:42 PM on Apr. 23, 2011

  • Contact the State's Department of Labor

    Answer by rkoloms at 7:19 AM on Apr. 24, 2011

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