Can my employer withhold money from my last paycheck?

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Can my employer withhold money from my last paycheck?

My employer has witheld money from my last paycheck by citing that it is company policy to not take vacation in last days (I took 4 last days). Where as the employer asked me help the client and to do whatever the client needed. There was enormous pressure from client to not take vacation in last few months as there was critical work to be done. Therefore, when I resigned I took vacation in last days after finishing that critical work and she has witheld my salary for those days. Is it legal and what should I do?

Asked on August 11, 2010 under Employment Labor Law, Virginia

Answers:

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

Answered 11 years ago | Contributor

Your employer cannot just take the money out of your paycheck (at least not without your permission). VA makes it a crime to withhold all or a portion of a former employee's rightfully earned paycheck. 

This is true unless the terms of your employment say that it can. For example, if there was a stated company policy or an employment/union contract that provided for this. Also, if some form of discrimination were present.

Contact your local Department of Labor if you do not receive your full paycheck.




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