Can an employer hold my paycheck?

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Can an employer hold my paycheck?

I subcontracted to a chiropractor office. I did massages there. They continually are still receiving insurance claim checks in my name. They refuse to release the money to me because I owe rent for the last month I worked there. It is a lot of money they are receiving in my name. I moved out of state and am looking for work. I need the money in order to give them what I owe. Can they legally keep holding my money and my checks in my name at the office?

Asked on February 3, 2012 under Employment Labor Law, Colorado

Answers:

Archibald J Thomas / Law Offices of Archibald J. Thomas, III, P.A. - Employee Rights Lawyers

Answered 9 years ago | Contributor

Although they cannot legally refuse to pay you what you are owed in compensation, you also cannot legally refuse to pay them for any rent that is due.  The rent would be considered an offset against any compensation due, but only in the amount of the renet due.  Any balance should be paid to you.  If they fail to do, your remedy would be to file a claim against them to recover any past due compensation.


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