Can my employer hold my paycheck because I owe him money

UPDATED: Jan 11, 2019

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Can my employer hold my paycheck because I owe him money

My employer lent me a little money
40 because my first paycheck
didn’t come. I quit this job on
Sunday 1/6/19 and my employer is
holding my paycheck until I pay him
the 40.

Asked on January 11, 2019 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, your employer cannot do this. Such an action violates both state and federal law. The fact is that a worker is to be paid for all time that they work; making a wage deduction for an unrelated matter is illegal. This is not to say that you do not owe your boss the money, it's just that he will have to sue you for it or otherwise get you to agree to re-pay the loan. At this point, you can file a wage complaint with your state's department of labor.

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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