I was working for a small company called Casey's Creative Connections since July. I originally worked as an independent contractor and then later became an actual employee of the company.in May of I quit my job with ample notice. I was working as a teacher, so I had supplies in my possession that belonged to the company. I agreed after my last class to bring the supplies back to the company's location.
I returned the supplies, but was later told that two Wal-mart tote bags and 5 burned CDs were missing. The total of supplies were valued at under $15. The bags and one CD are in my possession and were to be returned to the owner's house when I was going to be in the area. I am pretty sure the remaining burned CDs were accidentally put in my storage, which I will not be able to access until August. She was made aware and seemed fine about the arrangements.
My boss has refused to issue my last paycheck until I return the burned CDs. She states that I signed a contract stating my paycheck would be held until I returned all supplies. The thing is, I did return the supplies, a few burned CDs are just missing, but will be returned. These were not even copyright protected CDs she had us using in the classes! These were burned compilations from her computer.
My payment was due to be mailed June 15th, today it is June 23rd. I contacted my boss today and she is still refusing to send me my paycheck. With a poor economy going this long without my planned pay is a major and unexpected hit during hard times!
I contacted the Texas Workforce. They stated:
"The Texas Payday Law states that for an employer to be allowed to deduct any portion of an employees pay the following must occur:
Section 61.018 states;
An employer may not withhold or divert any part of an employee's wages unless the employer:
(1) is ordered to do so by a court of competent jurisdiction;
(2) is authorized to do so by state or federal law; or
(3) has written authorization from the employee to deduct part of the wages for a lawful purpose.
Even if an employee is accused or guilty of loosing property, the Texas Payday Law provides that in such as case wages may be withheld only when the employer has written authorization from the employee for the deduction. Otherwise, the employer would need to attempt to recoup the damage amounts by some other means, such as civil remedies (i.E. Lawsuit, small claims court, police report) or arrangements with the employee outside of a wage deduction."
0 comments