TikToker says Job falsely accused her of stealing a day before payday

A TikToker is bringing wage theft to the fore after her recent video on the subject went viral.

In the video, user Mia (@meohmyohmia) says her previous employer didn’t want to give her her last paycheck. She claims that’s why they withheld her last paycheck and accused her of “stealing” — an accusation Mia believes was false.

One of Mia’s videos on the subject, posted Thursday, currently has over 430,000 views.

“My old job decided a day before payday that they don’t want to pay me and accused me of stealing from them,” Mia wrote in the video’s text overlay. “I didn’t steal from them and they keep my entire paycheck.”

She concludes, “Salary theft is real and has affected me in so many ways.”

In the video, she is on the phone with someone who accuses her of stealing something from the store and harassing the store.

“Please don’t hold back my wages,” says Mia and cries. “I worked hard.”

In other videos on her account, she wants to provide evidence that various bosses wrote to her about theft and payment and then allegedly blocked her phone number.

“Tony says inventory is missing and he rewinds the cameras a few days to see if it was during your shift. We’re not blaming you, but we need to get the proper record. I cannot go into the details of the investigation. If no liability is found on your end, we will send your payment. If liability exists, your payment will be deducted for the amount of missing inventory. After we have completed the investigation, we will contact you,” reads one of the texts of an alleged employer.

Mia says the employer then blocked her because her texts were sent as text messages rather than iMessages. She says she sent a different number to an alleged employer.

“Calculate your hours now and will send you your wages shortly,” says one of these texts.

Mia then sent them a lot of messages over the next few days.

“Ellie you stole us, you really are low life. Stop contacting us and take it to court,” the employer’s next text reads.

Mia says she was then banned again.

Finally, Mia posted a longer video explaining the entire situation before dropping the company’s name: Temple Custom Jewelers in San Diego, California.

In this longer video, Mia says she originally quit the job because it wouldn’t pay her hourly wages. She also says it told her that staying in the business would cut her hourly wage in half. She says she decided to quit and left before she received her last paycheck, leading to what happened in the other TikToks.

This video prompted a reaction from jewelers, who encouraged viewers to look up Mia’s alleged legal history.

Mia’s legal history includes a small claims claim from a former employer, which Mia said in a now-removed response video was unrelated to theft. Mia also said none of these claims corroborate the company’s allegation that she stole from them.

Also, she said, if the company really had video evidence proving she was stealing, it would have posted it instead.

“None of what they posted explains what I stole from them and why they didn’t pay me my wages,” she said in her response video, which was reviewed by the Daily Dot before its removal. “I’m not going to play that game back and forth with them.”

Temple Custom Jewelers has since disabled comments on TikTok and Instagram, and its Facebook page is no longer operational. The Daily Dot contacted Temple Custom Jewelers via email.

Many people question the legality of jewelers’ actions under Mia’s TikToks.

“By law, you can’t withhold someone else’s salary for theft,” claimed one user. “If you suspect theft, you have to go to court and report it to the police.”

According to the Society for Human Resource Management, this is true.

In a post discussing legal and illegal wage deductions, the company wrote that employers are “allowed to hold employees liable for ‘deficiency, breakage or loss.’ [that] is caused by an unfair or intentional act or by gross negligence on the part of the employee.’ However, employers cannot deduct the associated losses from employees’ wages.”

According to the Society for Human Resource Management, if an employer seeks to deduct wages for an alleged criminal offense, the employer “must pursue such claims in court or arbitration. Additionally, employers should note that they would need to show that the loss was due to dishonesty, willful intent or gross negligence on the part of the employee, according to the California Department of Labor Relations.”

In the comments section of one of her videos, Mia says she is currently seeking legal redress. Until then, she took the time to thank the folks at TikTok for the support.

“For everyone who helped me today to have a voice in this situation, I really want to thank each and every one of you,” she says.

Mia didn’t immediately respond to Daily Dot’s request for comment via TikTok comment. Temple Custom Jewelers did not immediately respond to Daily Dot’s request for comment through the site’s contact form.

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*Initial publication: March 25, 2022 at 9:30 am CDT

Braden Bjella

Braden Bjella is a culture writer. His work can be found in Mixmag, Electronic Beats, Schön! magazine and more.

Braden Bjella

https://www.dailydot.com/irl/job-accuses-tiktoker-stealing-before-payday/ TikToker says Job falsely accused her of stealing a day before payday

Jaclyn Diaz

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