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How long can an employer hold a paycheck?
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How long can an employer hold a paycheck?

I put in my two weeks notice and carried out my responsibilities for those two weeks. Now that I am gone, that employer wants me to tie up loose ends that he did not ask for during my last two weeks and he is holding my pay until I complete his requests. Is this legal?


    




thealphafemme
No it's not legal - per state law (not federal). Each state has their own requirements for how soon a final check must be paid, but no state is allowed to hold your check beyond the next regularly scheduled payday, period.

Most states will also fine an employer for EVERY day that they hold any monies owed to you.

http://www.dol.gov/dol/topic/wages/lastpaycheck.htm

You can go to the Department of Labor's website and find a link to your State DOL here:

http://www.dol.gov/esa/contacts/state_of.htm


leysarob
Rating
Generally you have to be paid on the regular pay date as scheduled. Your pay cannot be withheld legally. Contact your state's Department of Labor, wage and hour division.


EchosOfAngels
If you gave your two weeks and he was aware of it the whole time, like the date you are going to be gone etc then he has no right holding back your paycheck. If there is someone higher up in status then get in contact with that person and say if its not handed over you will take legal action.


Nikki
I had an employer do that to me. I reported them and I was told that if I didn't get me check they could have to pay up to 30 days at most for holding it to long.


coolrockboy380
No. The law differs slightly state to state. Generally, your final paycheck must be given to you on the normal day it would be paid if you were still working. Some states require that it be provided sooner.
You should politely inform your former employer that he is in violation of wage and hour laws, and you would like your paycheck immdiately. (If he needs a few hours to print the check, that would probably be OK.)
If he refuses you should consider your options. You can file a claim with the wage and hour division of the US Dept of labor. (Or your state department of labor.) Or, depending on the amount of the check, you can file a suit in small claims court. Or you can find a lawyer and file a suit in federal or state court. The law allows for penalties and legal fees to be awarded for refusal to properly pay wages.


Tapestry6
Rating
Call your state's AttorneyGeneral office.. its in the white pages under the name of your state. Any employer or business owner that would do something that low needs to be turned into the system.


DEE CON JESTED
Rating
Fuc k NO!


renosgirl2006
Rating
HELL NO! CONTACT THE DEPT OF LABOR AND FAST.





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