Employer Negligence Through Illegal Paycheck Withholding - What to Do?

As unfortunate as the fact may be, there are more than just a handful of employer negligence cases out there dealing with crooked bosses who have been or are currently in violation of employer labor laws. Sadly, many of them end up getting away with their illegal business practices due to employee intimidation or simple naivety in the mind of the person being wronged when it comes to knowing his or her rights and how to make sure they are either followed or punished for the neglect of doing so.

The Department of Labor's website has much information regarding Employer labor laws and minimum wage laws. If you believe you may be the victim of a crooked employer practicing illegal business, you may want to look into the Department of Labor website for your state and browse around to educate yourself on your rights as an employee. One of the most common matters the Department of Labor officials have to confront is a complaint regarding employer negligence in association with a paycheck withholding circumstance.

I am currently dealing with a situation of paycheck withholding due to employer negligence and I am taking the proper steps to ensure these three particular crooks posing as business owners pay for every penny they owe to me in addition to suffering through the appropriate consequences and penalties that may result from their extensive history of illegal business practices and sleazy businessmen motivated initiatives. I am relentless and I have and will continue to explore every last way to pay them back for this outright insult to myself as a past loyal employee and as much as I hate to admit it, a past tense friend.

The paycheck withholding matter dealt with a payment owed to me for an entire five weeks of work, plus bonuses and commission for marketing, sales and office work that I did. I had been with the startup company in Boston called Night Owl Deliveries/America To Go for some time and they did pay me as promised on a consistent basis, but the paycheck withholding was due to bitter emotions on the owners' parts when I suddenly terminated my employment relationship with them.

Anyone who has worked for any single employer, no matter how hard he or she worked or how many hours, deserves to be paid for their performance. It does get a little trickier in casual employment situations where no contract or official hiring documents are involved, but in the cases where there is a signed agreement that you'd be paid for duties performed by said employer, you have every right to demand the money you deserve and if you are given any sort of a problem, I highly recommend following my lead and taking it up with the proper government authorities. There are very strict employer labor laws and minimum wage laws that employers are obligated to follow and they all know this. Don't let them get away with employer negligence just because you aren't familiar with your rights as a hard working current or past employee. Pursue the matter.

Just remember to keep every piece of correspondence you have between you and the crooked employers from the point of the paycheck withholding on forward and if you have any documents from the past, hold onto them. Furthermore, when you are asked to send in paperwork to the Department of Labor, to your lawyer or any other legal or governmental authority you may seek assistance from with this paycheck withholding matter, make sure you keep the originals for yourself and only send these individuals photocopies. This is your proof; if it gets lost, you may find yourself completely out of luck.

I'd like to note that I handled my own paycheck withholding situation a bit more passively than I would recommend anyone else doing, although politeness is a good place to start to try and avoid unnecessary complications such as courts, lawyers, paperwork, etc. But again, if you ask nicely, and then eventually demand the due payment for your work under any given contract, and the employer still won't budge or if he or she avoids you, go straight to the Department of Labor. (The Department of Labor takes such violations of the work wages laws extremely seriously and your employers could be not only fined for employer negligence but also prosecuted in court facing serious charges.)

I personally wasted a lot of time giving my past employers several chances and spent unnecessary energy writing nasty letters of dismay over their apparent lack of morals and bad business practices. Try not to let your emotions get the best of you like I did, as it will only upset you more and it will take up time and energy that you could be using to instead work with the proper people to get your money.

Here, though, is how to proceed with the Department of Labor:

Give your local office a call (your city's government website will provide you with the number) and ask to be sent a complaint form for the Attorney General's Division of Fair Labor and Business Practices. Most of the work as far as I so far know must be done on your own time, filling out a bunch of paperwork and gathering materials as evidence of your employment, but there are representatives at the Department of Labor Division of Fair Labor and Business Practices complaints hotline that can help walk you through any parts of the questionnaire that may confuse you.

Basically the form asks for specific dates of your official employment date from start to end, minimal details regarding your termination of the relationship and when, and very specific details and an explanation about the dates you are owed money for and why you have been denied the funds. You simply fill out this form and attach any invoices, hiring documents, employment agreements, or proof of the work you did on these dates if you feel that is relevant and necessary (as in, the crooked boss is denying you worked then, as is the case with me) and send it all into the proper address. By submitting and signing these forms you are agreeing to cooperate completely with the Attorney General and will appear in court if needed should further charges be pressed or investigations be pursued.

I am not aware of a time limit under which you must file your complaint in relation to the paycheck withholding or incident of employer negligence, but try your best to fill out the forms and send them in as soon as you can, despite the hassle it may be. It really might be worth it in the end. Once you submit the forms, give it a couple weeks or so and then I'd suggest calling the Department of Labor office and inquiring about the status of the complaint if you haven't heard from them before that. And on a final note, just a crucial reminder to only send in photocopies of your documents of proof and keep copies yourself of the original complaint forms you've filled out and signed for them. Other than that, just be sure to be professional and thorough in filling out your explanations so you come across as the "bigger person" in the paycheck withholding conflict. Other than that, good luck and if anything should not go through the first time, continue to pursue other options to get that money that is owed to you. By all means, you deserve it. Oh, and be sure to send all materials you submit by certified mail so you know for sure that the Department of Labor has received them.