Legal Question in Business Law in New York

final pay check

My former employer is withholding my final paycheck until I remove a pile of sand from the side of his building. I purchased the sand for the business to be used in martial arts punching bags, that I own. When I left his employment I took with me my bags and left him his sand. He has also stated that he will not honor all of the hours recorded on my time card. He is refusing to pay me for any job training, staff meetings, or computer office work he asked me to do.

My question then is, is any of this legal?


Asked on 1/17/07, 10:03 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: final pay check

I am not sure about the sand situation; clear it away if you caused the mess.

With regard to non-payment you may either

obtain a form for unpaid wages, and a separate form for unpaid wage benefits

and file with NY Dept of Labor or sue for the money. The Department can and will investigate but it takes a while. Court costs more.

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Answered on 1/17/07, 10:16 am
John Friedman Law Office of John K. Friedman

Re: final pay check

Some of his actions may be legal, others not. If you feel you've been treated in a manner that is illegal you should contact the NYS Dept. of Labor which has jurisdiction over wage disputes such as you describe.

This is not legal advice, and its provision does not create an attorney-client relationship between the addressee and author.

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Answered on 1/17/07, 10:25 am


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