Is it legal if my employer took from my bank account because I quit 2 days before payday?

UPDATED: Oct 1, 2022

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Is it legal if my employer took from my bank account because I quit 2 days before payday?

My old employer took my last paycheck 02/28 out my bank account 03/05. Now my account is short $1165. My last day was 02/26. Is this legal for them to take my paycheck even though I quit 2 days before getting paid? I’m salary so I get paid every month in the 15th and the last day of month, so technically my last check should have been for hours I worked before quitting.

Asked on March 5, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are correct that you should have been paid for all days (since you were salaried, days, not hours, is what counts) you worked up to and including the last day your worked. The employer could only legally take back money you never earned because you didn't work those days. So if your last day was on the 26th, you should have been paid through the 26th.
If your last check included money for the 27th and 28th, whether by accident or because they did not have enough notice to adjust the size of your check, they could take back money for those two days only. If they took back money for days you actually worked, you could sue them for the money unless they promptly return it. And if you incurred fees due to them taking back money they should not have (e.g. bounced check or late fees) you could sue for those amounts, 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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