I left my job about a month ago and still haven't been back to receive my paycheck. I was talking with some former co-workers last night and they told me that the boss had told them they were holding my paycheck from me. They said it was because I drew on one of the bar mats. This is true, and I shouldn't have drawn on the bar mats, but it was with a ballpoint pen that I could probably wipe off. My boss actually said that she liked the way it looked after I drew on it. I know that makes no difference but it just shows they are using this as a reason to spite me. They are claiming the mat is an "antique" (I found another on Ebay for $5) and for that reason they will not pay me. They have not taken any damages out of the check or even discussed this with me...what should I do?
If you are in the US, your employer cannot legally withhold wages from you for any reason other than taxes or other legal deductions (medical,dental, 401K, etc). They can't even hold your check if you are responsible for a cash drawer and it comes up short.
What they can do is fire you. They can also sue you for damages that include replacing whatever was defaced/destroyed and generally the associated costs for bringing that suit to court.
So, if you want to make this go away and get paid, first find out your legal rights/responsibilities in the state where you worked. Every state has their own labor laws so you would need to understand what applies in your local area. Once you know that, you'll know exactly what to do, and what you are actually responsible for.
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