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MzThrifty85 · Aug 22, 2010, 09:31 PM

I have worked for my dad for 4 months. He opened a account in my name and deposited all paychecks in it. It's not a joint account. Last week he accuses me of stealing an item valued at $5. And had me arrested. When I got out I found out he frozE my account and is holding my last paycheck and I want to know is this legal? That is my hard earned money and I have all my pay check stubs and deposit slips proving it was mine. What can I do to get my money?

ebaines · Aug 23, 2010, 07:18 AM

It's not clear - whose account is this? You say your father opened the account - I am going to make an assumption that you are a minor and he opened an account which has your father named as the custodian. If that is the case then he can indeed control the acount, although by law all the assets in the account must be used for your benefit. Once you turn 18 both you and he should submit papers to retitle the account in your name only, and he will no longer be the custodian.

excon · Aug 23, 2010, 07:27 AM

Hello M:

In terms of your paycheck, you can sue him in small claims court.

excon

PS> He actually had you put in JAIL over $5?? Your FATHER?? Yeah, I'd sue him, and if you're found not guilty, I'd sue him for false arrest too.

DownUnder · Aug 23, 2010, 08:18 AM

You mean he actually had you taken to jail! And over $5.00! Have you and him had issues before? Yes, if you have prove of your earnings them by all means sue him in small claims.

jmjoseph · Aug 23, 2010, 08:25 AM

Something smells fishy to me.

ebaines · Aug 23, 2010, 08:25 AM

Note that the OP hasn't said he didn't steal the $5, nor did he say that his Dad hasn't paid him. Only that he can't access the money in his account. Until we find out whether the OP is a minor there's not much point in advising that he sue his father! And I suspect that there's more back story here as to why a father would have his child arrested for stealing $5. Let's see how the OP responds.

MzThrifty85 · Aug 23, 2010, 09:19 AM

Ok me and my father have had past issues. He didn't like my mom and always took it out on me. First of all no I didn't steal from him. A customer said they didn't get something they paid for and I want ahead and gave them the item and it turned out that it was never rang up. When I found out I even paid for the item myself. I'm most certain charges will be dropped cause my co workers said they will come to court and testify on my behalf. I'm not a minor and the account was solely in my name. The bank did release the hold this morning. He is also trying to with hold my last paycheck. For all you who think I sound guilty I'm actually not. My dad has never liked or approved of me, I've always been his burden and mistake. I've never done anything wrong toward him, and always worked trying to prove myself to him. My dad is just cold hearted. I'm not a bad person.

ScottGem · Aug 23, 2010, 10:06 AM

OK, First, you have a cause of action with the bank. If your father is not named on the account, then they have no right to freeze the account without a court order. What justification did they give for doing so?

Second, in the US, an employer cannot withhold earned pay.

beachloverjohn · Aug 23, 2010, 12:13 PM

There has to be more to this story. No father is going to put his daughter through this over 5 dollars. But the best advice I can give you is to find another job, and contact the labor board.

MzThrifty85 · Aug 23, 2010, 12:18 PM

All of you have helped me tremendously. The bank said it was their error and have terminated the employee who initiated the hold. I have since hired a lawyer and will be pursuing a civil case about my paycheck. I will update u after the proceedings. Thank you all for your great advice!

ScottGem · Aug 23, 2010, 12:29 PM

Originally Posted by beachloverjohn

There has to be more to this story. No father is going to put his daughter through this over 5 dollars. But the best advice I can give you is to find another job, and contact the labor board.

Unfortunately, there are parents who would do this.

ScottGem · Aug 23, 2010, 12:32 PM

Originally Posted by MzThrifty85

The bank said it was their error and have terminated the employee who initiated the hold.

That makes sense. No way the bank should have frozen the account without a court order or an owner's permission.

Originally Posted by MzThrifty85

I have since hired a lawyer and will be pursuing a civil case about my paycheck. I will update u after the proceedings. Thank you all for your great advice!

I don't know if you need an attorney or a lawsuit. Contacting the State Dpt of Labor may be all that is necessary.