Can an executive’s check be withheld although there is contract?

UPDATED: Oct 1, 2022

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Can an executive’s check be withheld although there is contract?

I am a director of sales and wealth management in NYC for an investment firm. I was hired a month ago and haven’t been paid yet.I have a dismissed charge and expunged from all give records but FINRA still shows it. My job didn’t want to pay me until I get confirmation from FINRA that they are removing the dismissed charge and they want me to hire a lawyer and not contribute with even

providing a check for the lawyer to be deducted from my paystub. What can I do and is this legal?

Asked on October 18, 2017 under Business Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they may not withhold your pay without your consent or agreement: the law is very clear that is illegal. They could have suspended you (had you not work) until this was resolved, or even terminated you (subject to the terms of any written employment contract you have; they cannot take action in violation of the terms of the contract) but if they had you work, you must be paid for working. You could sue them for the money if they will not pay it.

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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