Q: Employer kept 2000 dollars of my wages, I kept their equipment, then they took my tools. They filed theft charges on me.
1) I was improperly classified as a contractor, IRS rules state I was actually an employee.
2) He knew his tools were already in my possession and that I used them on his jobs before all this happened.
3) The wages were kept over QC issues and a door that was very slightly damaged. He refused to allow me to mitigate damages. Effectively gave the customer a blank check that he made me liable for.
4) He removed some tools of mine that I had left on a job without my permission.
5) We were in negotiation for a settlement, I offered that we just keep what each of us had and we went our separate ways. He never responded again and 1 month later filed criminal charges.
6) He never once demanded that I return his tools or he would file charges.
7) When he filed the police report, he characterized it as I just quit and ran off with his tools, he never stated that he kept my wages or that we were in negotiations for settlement.
A: You need a local attorney to consult and ossicle file a civil suit against your employer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
