My employer put a stop payment on my deposited paycheck?

michr

in most states this is illegal they can not hold your check or take a deduction out of it.
it does not matter what any policy manual says the law does not allow employers to charge employees for items that are of a benefit to the employer in almost every state. in almost every state it is also illegal to charge for any mistakes or errors unless they were the result of theft or "gross" misconduct.

by federal law anything that they can charge for can not take your pay below minimum wage for every hour worked.

contact the department of labor wage and hour division in your state.

"Icmcpa" is correct don't waste your money on a lawyer they can do nothing for you that the department of labor and local police will do for free.

lcmcpa

You don't need to pay an attorney. Call the police or the State's Attorney and prosecute. Stopping payment on a payroll check is illegal. I'm surprised the Wage and Hour Board didn't help you. They usually jump right on something like this.

jobbend

Look at your employee handbook, and any documentation that you signed to see if this is something you agreed to. Generally, when someone leaves a job there is a checklist of items to be returned that includes manuals, keys, uniforms, intellectual data, etc. That's like a receipt that you have completed the process, and can leave the company free and clear.

If you have already contact the Labor bureau, you may also want to contact an attorney that specializes in labor law in your area for help.

Heather V

Contacting the labor board was good, let them handle it. If your employer can prove by handbook or contract that it states you must return their property, and you have no proof you returned it, then they will be legally allowed to deduct the amount of the items.

danny14551

Do you have proof you returned the item, you should have asked the manager to write a note saying you returned the items. Without proof you returned the items the company can legally take out of your pay what it costs to replace the items.

Jon T

Employer's can't legally withhold your pay. Contacting, I assume, your state labor bureau, most likely, will not get you paid quickly. Talk to your former employer and politely inform them that they are in violation of both federal and state laws and demand, once again politely, that you be paid (if you incur any additional expenses, ie overdraft fees, ask to be reinbursed). If your former employer refuses to cooperate, it's off to the lawyers you go. Best of luck.

Beige Brown Blues

you can report them to the department of labor...what they are doing is illegal...you can also get a copy of the check from the bank...and then file a police report as this is FRAUD...

good luck

mailaccount63

Go to your phone book and/or computer Yellow Pages. Call your local (usually county) bar association. Ask them if they have an "Attorney Referral Service" and/or ask them if they will give some names of attorneys in your area that handle employment law for employEEs.

Then when you call the law office(S), speak to the ATTORNEY about payment - some of them will accept payments IF they are made aware that you need to do that FIRST.

Good luck.

perfectionnanny

My husband asked for his vacation checks to be mailed, nodirect deposit at employers. Was due three wks checks,received one at work,payroll not aware that he was to get two more checks. When He asked where the checks were payroll didn't remember if mailed or not. Boss put stop payment on checks and wants to charge employee half of fee. Is this legal? Three hours of work pay would be lost.

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