i am a subcontracter.. is it legal for my boss to hold my paycheck for 2weeks?

UPDATED: Oct 1, 2022

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i am a subcontracter.. is it legal for my boss to hold my paycheck for 2weeks?

I just got a new job today thats closer to my house an had to quit my previous
job do to it being to far away. today is 8/30/2017 an i had to quit today an im
supposed to get paid friday the 1st weekly. so i still have 2 paycheck he owes
me. is he allowed to hold my 2nd to last paycheck?

Asked on August 30, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were actually an employee of this boss (that is, you did not meet the definitions, found on the U.S. Dept. of Labor website, of a "contractor," in which case you were actually an employee no matter what they called you), under your state's law, you must be paid any previously unpaid or final paychecks within 15 days or by the next regularly scheduled paydate, whichever is first.
If you were actually a (sub)contractor, you must be paid according the agreement (whether written or oral, or simply "understood" and accepted/demonstrated by past practice [i.e. by when you'd been paid in the past]): so if you were normally paid, say, a week after concluding work, that's when you should have been paid now.
If you were not paid on time by either of the above, the fastest and simplest recourse is probably sue to file a small claims suit, as your own attorney or "pro se," against the employer for the money.

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.

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