Posted on 02/25/2017 11:47:30 AM PST by rey
My former employer is trying to make me pay for repair to labor housing. I was REQUIRED to live on the job site and be on call. When one is required to live in labor housing, it does NOT count as income, either federally or in state law. There also was no lease/tenancy agreement which would suggest it was a landlord tenant arrangement. There was no payment for the home in anyway. My understanding is as the house is essentially part of the work place, labor is not required to pay for rehabing the place(paint, new carpet, flooring, etc.) or for any repairs, just as an employee is not required to pay for repair to a factory or office. Also, part of the structure is actually an illegal dwelling (an uncoded finished garage, and an attachment onto a single wide trailer, both local code violations).
My problem is, I am having trouble finding a source for this labor law. I know that vineyards in the area cannot charge or withhold pay for rehab or damage to dwellings. Can anyone point me in the right direction.
Thanks
He is wrong.
You’ll need to look up resources for your state.
Is the repair due to damage that occurred while you were living in the dwelling?
Basically, normal wear is not considered damage, but actual damage is, such as scraping away ice in an old freezer, and puncturing the freon tube, or whatever, even accidently.
Aging paint and worn carpeting is not damage.
Exactly how is he “trying” to make you pay?
If it’s just a letter, ignore it.
Threaten to notify the “powers that be” of the out of code things...
Is he withholding your last paycheck?
Second, you should have a labor contract that specifies the housing. In that doc, you should have the info you need. If it specifies you are responsible for certain maintenance or damages you are. Second link is an example contract. See para 13.
If you want to fight it you may need to go to small claims court. See your courts website for instructions.
http://www.mossadams.com/articles/2014/october/employer-provided-housing
http://fels.net/Data/Laws/Housing/Housing-Sample-Agreement-Eng-Spn.pdf
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