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Can I sue my employer 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 TN.gov 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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Anonymous

Asked by Anonymous at 9:35 PM on Apr. 22, 2011 in Just for Fun

Answers (5)
  • If you have something of the companies property, they yes, they can legally hold you check. Hun, I know you sound frustrated, but since you lost the uniforms, just ask them if they can deduct the cost of the uniforms out of your check and give you the rest.
    ABPeterson

    Answer by ABPeterson at 9:38 PM on Apr. 22, 2011

  • Can you go again and ask for your check but this time take a witness.
    Anonymous

    Answer by Anonymous at 9:39 PM on Apr. 22, 2011

  • I had a witness my friend Becky and my husband witnessed it all. Also the police officer did. And no they cannot withhold my check, Go to www.TN.Gov and look it up or google it , the laws says in Tennessee an employer cannot with hold you check for any reason that I am sure of because the officer even said it was the law but he said the labor board would have to do an investigation.
    Anonymous

    Comment by Anonymous (original poster) at 9:42 PM on Apr. 22, 2011

  • I would call the District Manager and get all of their asses in trouble. Better yet, set your cell phone to record and talk to the store manager in the dining area, where its public area, then call the Distric Manager and tell him/her you want to meet asap or you are getting a lawyer. Play the recording and tell them everything that went down.

    Hey, if that bitch cost you your job (by making you miserable) you might as well do the same to her. Ya, I'm a bitch. lol
    kgsharber

    Answer by kgsharber at 9:46 PM on Apr. 22, 2011

  • OK. Can you go to the Department of Labor and apply for unemployment insurance. When filling out the application they will ask you why did you leave your job? you can tell them everything and also explain that the company is withholding your check. The DOL will contact your employer. The company doesn't want to deal with paying unemployment insurance so it is most possible that they will give you your check right away.
    Anonymous

    Answer by Anonymous at 9:46 PM on Apr. 22, 2011

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