What can I do if upon my resignation, my employer kept my last paycheck deeming that I owed them hours I had not worked?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if upon my resignation, my employer kept my last paycheck deeming that I owed them hours I had not worked?
Can they do this ? I was on salary and paid by weekly payroll.
Asked on July 14, 2015 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They can't do this:
1) Employers may never withhold from an employee's paycheck (or the entire paycheck), even if the believe the employee owes them money, unless the employee consents to the withholding.
2) Employers cannot withhold pay, dock pay, etc. from salaried staff for missing hours; salaried staff are paid the same thing every week regardless of whether they worked extra hours or fewer hours.
You could sue your employer, such as in small claims court (where you could act as your own attorney and save money on legal fees) for the unpaid salary.
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.