If I have been working from 9 am – 8 pm daily, in the office, am I allowed to collect unpaid wages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have been working from 9 am – 8 pm daily, in the office, am I allowed to collect unpaid wages?
My hourly rate was $15/hr. My former employer has contacted me demanding the amount in credit card payments I collected on my personal square reader. I do not wish to keep the money from her but I do need her to understand that she “owes” me more than the $900 I currently have. I am currently holding on to the payments to maintain communication with her. Did she violate my rights as an employee? I can explain why I collected those payments; I did not steal.
Asked on November 27, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have committed theft: even if your employer owes you wages, you have no right to hold onto or retain her property, including payments owed her. The law does NOT give you the right to "hold[] on to the payments to maintain communication." Not only can you be sued by her for the money, you could potentially be arrested. If your employer failed to pay you any wages, your recourse is to either contact the department of labor to file a complaint, and/or to sue her for the money--not to steal money from her. (Regardless of your motivation, if you take property which you know belongs to another, that is theft.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.