Not paid for work and bad/no references

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EllieE

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In my employment agreement with the owner of the business which he signed, it states I am entitled to 2 weeks paid vacation. This agreement was signed by both of us on my first day of work. When requesting to take 1 week of this paid vacation time he told me I was not entitled to any vacation until after I had worked there for 12 months. I had been working there for 6 months at the time however, it does not state the 12 month requirement in the employment agreement. After showing him a copy of the agreement he agreed to let me go on vacation as long as I worked extra shifts when I got back to make up for the labor costs that would be lost while I was away. I fulfilled this agreement in the 2 weeks after my vacation, working 2 extra shifts each week.

I soon learned that this employer was intending to let me go when I walked by his office and heard him talking about it. This was later confirmed by another manager as well. This was a big surprise to me as he had never spoken to me about being dissatisfied with my work, he had told me a few months prior that he thought I was doing a good job. I gave my employer notice of my resignation after I learned of his plans so that I would not have a termination on my work history. After working my last 30 days (30 days were required by the employment agreement) I moved out of state to find work. I recieved my last paycheck via direct deposit into my checking account as scheduled on Friday, October 23rd. I paid bills with this paycheck on that day out of my checking account. On Monday, October 26th the paycheck amount was withdrawn from my checking account by my former employer. This caused my checking account to have well over $200 in overdraft fees. When I called my former employer to ask about this he said I was not entitled to my last week of pay because I took a vacation. In researching this further, I found out that employers are allowed to withdraw from their employees banking accounts in the case of an error and it was my fault for giving him my account number. However this was not an error, I was completely entitled to my last week of pay.

Futhermore, I am seeking out new employment in the town I moved to without success. I have gotten to the reference checking stage of hiring with 3 companies only to not get the job because he refuses to return their call or because he is giving a bad reference. I am not certain about the details, all I know is after trying to/getting in touch with him, they dont want to hire me anymore. If he is giving me a bad reference I do not know what he would be saying as he never spoke to me about it during my employment for him. He is also still using my name on his website as a contact person for all the sales. This is now more than a month after my last day there.

I have filed with the DOL in CT however I have not heard from them and they say it could be months before I get a reply. He is making it impossible for me to get a new job. I have applied for jobs that I am overqualified for and the same thing happens. My time working for him was stressful and he was so verbally abusive I had to quit and I am still disturbed by it. It has caused a lot of emotional distress on me. I need some justice, I feel like he is ruining my life. Is there anything I can do?
 
You can not prove that you are losing these jobs because of no reference or a bad reference from your former employer. Suspecting such is not knowing so. Even if he is avoiding giving you a reference he is not bound to give you a reference. If he is giving you a bad reference, you are not likely to ever be able to show it. The job market is tough right now, you may not be right about why you are not getting these jobs. In any case you can not prevail in court with what you have.

Now on the issue with the last paycheck, you certainly should sue your former employer. I would send his registered agent a letter demanding your pay, and your bank fees for his actions. While I was at it, despite what I said earlier, I would threaten to sue him for slander/liable if he does not give a truthful and even generic job reference.

You really don't have a case but the threat of a case will put a great deal of pressure on him to act right. If I was the general counsel for him, I would recommend that he pay you, pay your bank fees, and give a generic job recommendation whenever he was contacted. Nothing else make sense for him. Good luck.
 
Your employer will be on the hook for your last paycheck plus the bank overdraft fees and anything else you are out as a result.
 
Your employer will be on the hook for plus the bank overdraft fees and anything else you are out as a result.

IF you win in small claims court. The state DOL does not have the mandate to order that NSF fees be reimbursed; only that the wages be paid.

It is not unusual, nor illegal, for vacation to be earned on an "as-you-go" basis, and not be able to use paid vacation until you have been there fore one year. I'm not altogether certain the vacation paid "early" (if that's what it was) could not be recovered from your final pay.
 
It is not unusual, nor illegal, for vacation to be earned on an "as-you-go" basis, and not be able to use paid vacation until you have been there fore one year.

The exact wording of my employment agreement reads as follows:

"An additional benefit will be two weeks paid vacation, to be taken at appropriate time(s) of the year as approved by the owner."

The owner approved my vacation time. This is the only sentence regarding vacation time, there is no time stipulation.
 
All I'm saying is that it is rare to have vacation policies where you are entitled to take vacation before you have earned it without repercussions. Even though the owner approved the time. Is there no other policy that would add to our understanding of the vacation situation, such as an employee handbook?
 
Is there no other policy that would add to our understanding of the vacation situation, such as an employee handbook?

No, this was a very small business with less than 30 employees. The owner did not handle a lot of his business ethically (i.e. recording sales twice and so on...)
 
I would send his registered agent a letter demanding your pay, and your bank fees for his actions.

How do I find out who to send this letter to? I have asked directly on the phone and via email but they are not providing the information. Is there another way to find out?
 
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