Can an employer keep my last paycheck.

UPDATED: Oct 2, 2022

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Can an employer keep my last paycheck.

My wife was let go this past Monday. New Link Destination
day is her
payday. The company deposited her check and 443
am and this withdrew the entire amount of her
paycheck at 444 am. When contacting her office the
employee working told us its not his problem and
hes not going to do shit about it. So where do I go
from here?

Asked on August 7, 2019 under Employment Labor Law, Oklahoma


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your wife can sue her employer for breach of contract / account stated. She  may be able to file her lawsuit in small claims court.  Her damages (monetary compensation she is seeking in her lawsuit) are the amount she is owed. Upon prevailing in the case, she can also recover court costs which include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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