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Is it legal for your boss to withhold your paycheck?

Atlantean

Diamond Member
My boss has decided to withhold the paychecks of myself and three other people that I work with because we all have iou's, mine is only like $33 (this is in canadian funds) and I know that the other people have similar amounts that are owed. Is it legal for them to do this? I only work part time at some sh!tty fast food place so it is not like the job is important to me. Can I get my boss in trouble for this?
 
I asked them why they didn't just take it off my paycheck and they said that they are not allowed to do that. Oh and I live in canada so not sure if the laws are different here than they are in the states.
 
I'm no lawyer but that definitely sounds illegal to me. As far as I am concerned the IOU and your pay are totally seperate issues. Is the IOU some official IOU or just a personal loan? If it's the latter he certainly can't withhold any portion of the paycheck. If the former at most only the $33, but it sounds to me like this is ridiculous.

BTW why do you have an IOU with work? Weird 🙂
 
I don't know about withholding the amount that you dont owe. Its kind of weird...situation. But I am sure your boss knows the law because you can sue him for money if he is doing somehting illegal.
 
If they are not allowed to take it out, how can they keep it all?? Where are you supposed to get the money to pay the IOU if they hold your check? eh? <---thought I would go Canadian on you, lol
 
Yeah but can I get them in trouble for doing it? Cause if I let them get away with it once then it will happen again, and it really pisses me off and makes me want to get them in sh!t.
 
It sounds to me like your being a little punk and trying to get them in trouble because you don't want to pay what you owe. Get a life and pay your bill. No wonder he won't give you your check, he probably knows you have no intention of paying him.
 


<< But I am sure your boss knows the law... >>



Yes, you can tell his expert knowledge of the law by the fact that he's a manager at a fast food place.
 
what i wanna know is how you can rack up $33 in fast food when you were there!? do you get paid every six months?? have alimony payments? that fathoms me
 


<<

<< But I am sure your boss knows the law... >>



Yes, you can tell his expert knowledge of the law by the fact that he's a manager at a fast food place.
>>



acerbic.
 
I don't know how the law is in Canada, but at least here in the U.S., that's your money - you earned it, so they must pay it to you. Your boss probably has legal standing to withhold the $33 you say you owe to the place, but other than that, he has no right to hold the rest of the money. You'd easily win in civil court. I doubt you can get your boss 'in trouble' over it, however. The authorities are likely going to make him pay you, and that's it.
 
you are making a big deal out of almost nothing

pay the amount you owe and then ask for your check.

if you dont get it then, and only then do you have something legitimate over them.
 
Actually, the "loop-hole" will be stated that there was an outstanding debt owed to the (insert company name here) of an undetermined amount and until debt is resolved, wages may be witheld to satisify the debt. They in effect are paying you your wages.........you just must satisify the debt owed to them for the wages to be released.

Having said that, I know they probably realize exactly how much you owe, but, they would be within their rights in the U.S. as far as I can tell........had a company I worked for do it to a guy whom owed them like $350 for equipement. He had to physically go in and pay the bill, then they released his earnings............

If you care to remain working at the establishment, threatening action would be a relatively stupid move........😉
 


<< It sounds to me like your being a little punk and trying to get them in trouble because you don't want to pay what you owe. Get a life and pay your bill. No wonder he won't give you your check, he probably knows you have no intention of paying him. >>


Nope, I was going to pay them that day, I have been working there for three years so you would think that they would trust me after all that time. The boss keeps doing this type of thing, not just to me but to everyone, and I don't think it is right to be doing that so I want to get him in trouble. I don't really care about keeping the job or not, I was planning on quitting next month anyways. It is the whole principle of it, I do not respond to threats.
 
Well then what is the problem? Offer to pay off the bill and you get your money, I do not see where the problem lies. Care to show us. You owe them money, pay them and you will be payed, simple as that. BTW, nobody threatened you as far as I can tell from what you've said so far, they only told you what your options are, which are pay and get payed or don't pay and bring them to court, where you will be ordered to pay and they will be ordered to give you your check. Nobody is going to get in trouble no matter how bad you want that to happen. There is no crime being perpetrated, only a debt being collected as far as I can tell.
 
Just pay back the money. If your boss does it when you don't owe him or the company money, then you can get him in trouble.
-- mrcodedude
 


<< Offer to pay off the bill and you get your money, I do not see where the problem lies >>


My guess is that the problem is unless they give him his check, he has no money to give them. I know that my money comes from my paycheck at least...

Anyway if he makes a habit of stuff like this, I suggest you get in touch with whatever board regulates labor practices in canada because I would imagine that is not legal. Here in the states for example if you drop off your car at a mechanic and tell him to fix it and sign nothing, he cannot keep your car until you pay, but must turn over your car. Unless you specificially stated in your IOU that your paycheck could be held, then he is not giving you what he owes you. In order to extract that amount from your pay I would imagine he would have to follow standard legal procedure for garnishing your pay if you refused to pay.

Also he is being an ass, find a new job 🙂 😉
 
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