Can an employer take a paycheck back after you’ve been paid for work?

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Can an employer take a paycheck back after you’ve been paid for work?

I worked a week of paid training and a week of work, but had to quit due to a family emergency. I still got my direct deposit on Friday, but they took the money back out on Tuesday. Is this legal? What can I do?

Asked on September 8, 2010 under Employment Labor Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You are entitled to be paid for what you worked.   And, under federal law, you have to be paid for the time that you are under their control or performing a task for their benefit.  So if you are required to attend the training class then you are entitled to be paid for it.  And if you actually worked a week as well then you are entitled to be paid for it.  May I ask: did you have an employment contract of any kind? It may or may not matter, but it would be a good idea to have someone take a look at it anyway.  I would first contact your ex employer and demand - nicely of course - the money owed to you.  Then, if they do not comply, contact the department of labor in your state or the state attorney general.  Good luck.


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