Can my employer hold my final check until I meet them to get it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer hold my final check until I meet them to get it?
My previous employer let me go because they could not afford to pay me any more. My last day was 14e days ago and I still have not been paid. After unsuccessfully attempting to pick up my check on payday (checks were not ready) I informed my employer of state law which requires them to pay me within 6 days of my final day of employment. She told me I would need to schedule and appointment with her to pick up my check next week when she is available. Is this legal?
Asked on December 9, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it is not legal. The employer may not hold your check past that time allowed by your state's law; and the employer may not condition receiving your final check on your meeting with them.
That said, to get your check, you have two choices--one, bring a legal action to force its release to you; or two, meet with your former employer. Regardless of right and wrong, it is likely much quicker and cheaper to simply have the meeting.
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 AttorneyPages.com 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.