Employer has not paid my last paycheck and it has been more than 2 weeks

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Employer has not paid my last paycheck and it has been more than 2 weeks

My previous employer used a phone number purchased by me and maintained by me to advertise his business. I quit the company and he is refusing to pay my final paycheck unless I forward my phone that I have paid for for the last 4 years to his phone and forward any new clients that call me on my cell phone also owned by me to him. Can he legally do this? I never signed any contracts with this employer. No non competes or non disclosures or even a contract of employment and he is also telling me that i cannot do work for anyone that he has ever done business with. Can he do this?

Asked on June 30, 2009 under Employment Labor Law, Maryland

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

According to the Maryland Division of Labor and Industry, a final paycheck is due on or before the day on which the employee would have been paid the wages if employment had not been terminated. So, whatever day was (or will be) your next regular payday is when you should have received your final paycheck. It is illegal for your previous employer to withhold the final paycheck.

If you never signed any kind of non-compete agreement, then you are free to work wherever you want.


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