can my employer legally cancel my check because I voluntarily quit

UPDATED: Oct 1, 2022

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can my employer legally cancel my check because I voluntarily quit

Hello my name is Samantha colley
I was paid Friday 675 I was not
able to cash my check I found a new
job yesterday 11/12 when my boss
found out I would no longer be
working for her she cancelled my
check knowing I needed it for the
rest of my deposit for just moving
into a new place I was forced to
take out a title loan so I could
make the payment without being
thrown out she text me that she
knows a lot of people in this town
and will do whatever it takes to
bash me and would mail my check in
30 days is this legal

Asked on November 13, 2018 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) No, it was not legal to cancel your paycheck becaue you are quitting. You could sue her for the money and for any additional costs (e.g. interest on a loan) you incurred as a direct result of her canceling the check. The law is very clear that employees must be paid for all work they did, regardless of whether they are remaining employed, are fired, or voluntarily quit.
2) If she "bashes" you by making untrue factual claims or allegations against you which damage your reputation, that would be defamation and you could sue her for that, too.

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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