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    patt24k's Avatar
    patt24k Posts: 23, Reputation: 0
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    #1

    Sep 10, 2008, 10:15 AM
    Previous employer says I owe for damages.
    I was working at a restaurant for only a few weeks until the executive chef and I began to disagree on many things. She refused to put me back on the schedule. She first claimed that I left some food uncovered, and then, a full week later, claimed that I damaged the grill. She did not inform me that the grill was damaged until 11 days after the supposed damages occurred. She said that they were damaged due to the way they were cleaned. I am absolutely positive that I did not damage the grill. Anyway, when I received my last check it was for 0.00 and the owner included a brief note saying they took out 198.86 for damages to grill. So my question is: Do I have a case in small claims court to get the money that is owed to me back?
    patt24k's Avatar
    patt24k Posts: 23, Reputation: 0
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    #2

    Sep 10, 2008, 10:21 AM
    I forgot to mention that this occurred in Tennessee.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Sep 10, 2008, 10:23 AM
    Yes you do stand a good chance in small claims. Withholding pay in leu of unproven damages is not legal.
    patt24k's Avatar
    patt24k Posts: 23, Reputation: 0
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    #4

    Sep 10, 2008, 10:59 AM
    Im not sure if I signed anything saying that I would be held responsible for damages I incurred. Either way, I didn't damage anything to begin with. I don't know if another employee did, and I haven't seen any proof that something was damaged to begin with. If I did sign something upon employment, is there any way of obtaining it now?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #5

    Sep 10, 2008, 11:20 AM
    Since I think you will end up in court you will see the employeers lawyer present that, if it exists. Since she waited 11 days to make the claim of damages I seriously doubt there will be any evidence presented in small claims. At this point I think your argument should be that fair labors laws were broken by with holding pay, not whether you damaged anything.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 10, 2008, 12:29 PM
    Quote Originally Posted by patt24k
    Im not sure if I signed anything saying that I would be held responsible for damages I incurred. Either way, I didnt damage anything to begin with. I don't know if another employee did, and I haven't seen any proof that something was damaged to begin with. If I did sign something upon employment, is there any way of obtaining it now?

    Whether you did or didn't sign, I'd still take them to Small Claims on the basis that you didn't do the damage. If you DID sign that doesn't give them the ability to charge you for anything/everything that happens at the restaurant.
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