How long can my employer withhold my check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long can my employer withhold my check?
I still have not gotten it and it’s almost the next pay period. This is causing me being not able to pay my bills on time and emotional distress.
Asked on September 23, 2015 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The employer has no right to withhold your check, not for any period of time. The problem for you is, the police will not help, since this is not a criminal matter. To get the money, you can contact the state department of labor, and see if they will help if the do not, then you'd have to sue such as in small claims court, where you can act as your own attorney, or "pro se," to save on legal fees also, small claims cases tend to move faster than cases in other courts for the money. In such a suit, you can claim for economic losses caused by the improper withholding, such as the interest on any loans you had to take out to cover expenses, or any late fees or bounced check fees you paid, etc. However, you cannot recover for emotional distress in a case like this, so your "damages," or compensation, is limited to the amount of the check plus the provable direct economic losses, if any, you incurred.
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.