What to do if my ex-boss won’t give me my final paycheck?

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What to do if my ex-boss won’t give me my final paycheck?

He is currently away and has told the sub-GM that I can’t get my paycheck until I speak with him. I was a delivery driver. I don’t want anything to do with him because he made me very uncomfortable; asking me personal sexual questions, saying how he would prefer to sleep with me over the other female employees and calling me at 12 am to settle personal disputes with his fiancee. He is alledging that I purposely broke a sign that went on my car. The problem is that it would fly off my car while i was driving. I attempted to get him to let me not have it on my car however he said no. He is also trying to charge me for an order because my car broke down on my way to deliver it. I have no proof of my hours.

Asked on November 17, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your ex-boss has no right to withhold your paycheck--he must provide it to you, and if he won't, you could sue him for it. More to the point, from what you write, you may have a viable lawsuit for sexual discrimination: an employer may NOT make sexual comments, for example, or pose sexual questions to an employee. You should consult with an employment law attorney about possibly bringing a sexual harassment lawsuit and also recovering your pay.


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