Holding last paycheck.

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Holding last paycheck.

I had to fire our IT person because of insubordination. He did not and does not want to give me the passwords for the databases that hee created. Legally can I hold his last paycheck until he gives me the passwords?

Asked on January 27, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you may not hold his last paycheck: the law *never* allows paycheck withholding, even if the employee owes you something, without employee consent or a court order (e.g. court-ordered wage garnishment). What you can do is sue him for a court order requiring that he turn over the passwords, and/or for monetary compensation equal to any losses or costs this costs you, such as lost profit (from not being able to do business) or the cost of hiring IT consultant to hack the passwords. You can bring the lawsuit on an "emergent"  (think "urgent" or "emergency") basis, to get into court much faster (a week or two, not months); doing so can be procedurally more complex, so if you want to do this, it is recommended you hire an attorney to help. (Actually, if the company is an LLC or corporation, you *must* have a lawyer; only lawyers can represent LLCs and corporations.)

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption