How long can a employeer hold your last check after termination?

UPDATED: Dec 6, 2011

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How long can a employeer hold your last check after termination?

I was fired from my job and my employer is holding my check for some reason. Can he legally do that without notification? How long can he hold my check? In KS.

Asked on December 6, 2011 under Employment Labor Law, Kansas


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

Answered 10 years ago | Contributor

In KS, when an employee is fired, the employer must give them their final paycheck on or before the next regularly scheduled pay date. There are no circumstances under which an employer can totally withhold a final paycheck; typically they employers are required to issue a final paycheck containing compensation for all earned, unpaid wages.

An employer can only make deductions from an employee’s final paycheck that are required under federal or state law, such as taxes or garnishments, or that the employee has authorized for their benefit. An employer can also deduct any amounts that have been overpaid to the employee.
If an employee is unable to obtain their final paycheck from a former employer, the employee can file a wage claim with the KS Department of Labor or they can pursue the employer independently through a private court action.

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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