Hours Cut from Pay Due to False Accusation of Stealing
My question involves employment and labor law for the state of: New York
The owner of my former job direct deposited my final paycheck into my bank account a few weeks after I had left it. When I finally received it, the amount of hours they claimed I worked was cut nearly in half. I contacted the owner and explained to him that the amount of hours was wrong and that there should be nearly 40 hours of work and not 24. He said that he would look into it right away and when he did respond, he explained that they removed funds from my paycheck because someone claimed they paid a bill with cash only to find out weeks later that the bill pay was never posted to their account. The owner said that it appeared as if I pocketed the money so he cut my paycheck in half by "deleting" hours that I worked to compensate for the cost. Their are no cameras showing that the customer came in that day, and she also has no receipt to prove that she even paid it. Their was also another customer the same day in which I processed a payment without any problems. I know that I am not guilty of stealing the money but my former boss says if I pay back the 115 dollars then he will send me the rest of my paycheck. If I want the rest of my paycheck, then he said he will file charges with the police. I feel as though I was unjustly accused and that my paycheck was stolen by the company based on absolutely no evidence other than the customer claiming they even came into the store. Is what they did illegal? And let me add, that I asked twice in two different emails for a signed consent form allowing him to take money from my check but he does not claim to have said document so I am under the impression I never signed one.
Re: Hours Cut from Pay Due to False Accusation of Stealing
First thing Monday, pick up the phone and call the NY DOL to file a wage claim. If for some reason this does not work (I have a vague memory that NY has some weird restrictions on wage claims) then you might consider small claims court.