Josies Kitchen Table

Can they really hold my check?

I was recently employed as a waitress at a small restaurant near my home town. When I was hired, I was given an apron. I saw people wearing Hamburger Haven shirts (the name of the restaurant) and asked if I could have one. My boss said yes, if she could find one. One day, she brought in the shirt for me. I assumed it was a gift. After I quit, I asked my boyfriend to pick up my check. My boss and fellow employees had seen him before and knew who he was. They proceeded to tell him that I could not have my check until I returned my apron and shirt. My boss knew that I was moving and that things were packed away. I had to borrow her apron many times for work. There was no set uniform there. I didn't even have to wear the apron if I didn't want to. She said she is holding my check until I return the shirt and apron. I found my apron, but there is no way I can find the shirt any time soon. Can she really hold my check since the shirt was a gift and not part of my uniform?

Unless you've explicitly signed an agreement that they have the right to hold your check until the uniform is returned, they have NO right to do so. Also, it's against Federal and (some) States law to take money out of your paycheck even if you agreed to it.

The law explicitly states that the ONLY entity allowed to take money out of your paycheck are the Federal and State government(s) without a judgment or if a judgment was filed with your company's bookkeeping to garnish wages by some company through court.

Tell your employer to either show you the contract you signed and dated saying you'd allow the company to hold your check until you returned the uniform or they can talk to your lawyer who would be happy to file a lawsuit no cost to you, for not only the money of the paycheck but interest over the days they've with held it from you.

Make sure you send this request IN WRITING. If you know their fax number, send it per fax since it shows a time and date stamp that they've received it. Follow-up with a call. Your attorney will be very happy you did.

This is my personal experience and how I got my ex-employers to understand my rights as an employee - no matter how few those rights are.



White Apron Set $29.95 White Apron Set

Black Temptation Apron and Thong Set $29.99 Black Temptation Apron and Thong Set

Pink Temptation Apron and Thong Set $29.99 Pink Temptation Apron and Thong Set

Late Night Apron Thong Set $25.99 Late Night Apron Thong Set

Risky Business Apron and Thong Set $25.99 Risky Business Apron and Thong Set

Midnight Affair Apron Thong Set $23.99 Midnight Affair Apron Thong Set

Yummy Cupcake Apron and Hat Set $9.99 Yummy Cupcake Apron and Hat Set

Holiday Apron Set $29.95 Consists of full front apron with ruffles and dust cap. One size.

Early Americam Apron Set $39.95 Poly-cotton fabric apron & bonnet. Assorted calico prints. One size.

Chef Hat and Apron Set $12.99 Includes chef's hat and apron. Does not include shirt,pants,bowl,and whisk.

MESH APRON CHEMISE FLOWER LACE THONG SET $26.99 MESH APRON CHEMISE FLOWER LACE THONG SET

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~ Vera Bradley Apron Gift Set ~

Tags: apron, home, kitchen, littlebakers, patterns, set apron children, set apron sink, sewing, teatowel

This entry was posted on Monday, April 12th, 2010 at 12:44 am and is filed under Kitchen Linens. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.