Legal Question in Business Law in Massachusetts

employer theft

I've contacted this site before and might end up needing legal representation. The GM of the Subway I used to work at, fired me because another girl stole. Then they tried to blame me for her theft. I was told on 3/10/07 that I was exonerated from the charges and I would recieve my entire final paycheck. I called today to meet up with the GM to return the business keys and pick up said paycheck. Only to be informed that they have taken the stolen money out of my paycheck.

I worked for that paycheck and did not steal from that store. I have no prior record that would allow them think I would do so.

Was it legal for them to clear me of all charges and then remove the money from my check? Do I have a case?

thank you.


Asked on 3/13/07, 11:02 am

3 Answers from Attorneys
Herbert Cooper Law Offices of Jameson & Cooper

Re: employer theft

They are treading on thin ice. If they refuse to pay your wages when due, they can be liable for treble damages and attorneys fees, if I recall correctly. (Mass. General Laws Ch 149, Section 148). However, it can get a little complicated if the issue involves "shortages" rather than theft. I.e., if the claim is not that you stole, but that you were sloppy, I do not know what the answer would be. If you have a written employment agreement, you should check. Regardless, if the employer refuses to pay you and has falsely stated that it is because you stole, you should give them a brief period of time, and tell them otherwise, you will contact legal counsel and seek triple damages and attorney's fees, after first notifying the Attorney General. You may wish to call the employer and write a letter, sending it via certified mail. If they don't pay you within the period you specify, you should promptly contact an attorney.

Also, you should write down who said what and when, to the best of your knowledge, so that any attorney who you contact can more effectively help you.

Read more
Answered on 3/13/07, 12:04 pm

Re: employer theft

The first step I recommend is that you contact the State Attorney General's Office, Wage and Hour Division. They may be able to represent you at no cost. If they cannot, I recommend you seek out a Labor Attorney.

Read more
Answered on 3/13/07, 12:46 pm
Lawrence Graves Coolidge & Graves PLLC

Re: employer theft

You should consult with an employment lawyer in your area. Being a business lawyer, I can't tell you with any certainty that you have a claim, but I believe that exercising self-help against an employee's pay is not permissible. A specialist in employment law can evaluate all of the facts and provide appropriate representation.

Best wishes,

LDWG

Read more
Answered on 3/13/07, 11:11 am


Related Questions & Answers

More Business Law questions and answers in Massachusetts