If a company that I recently left is refusing to issue my last3 paychecks, what recourse do I have?

UPDATED: Aug 30, 2011

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If a company that I recently left is refusing to issue my last3 paychecks, what recourse do I have?

Asked on August 30, 2011 Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your recourse is to sue your company for the money they owe you. They have to pay you, assuming you did the work (e.g. you did falsify attendence or time sheets); the fact you have left them does not, in any way, give them the right to withhold you pay. Indeed, if they had *any* legitimate claims against you (e.g. theft or destruction of equipment), they'd still have to pay you--though they could simultaneously sue you  for what they say you owe.

Unfortunately, the only way to get  the money owed you will be  to sue. Depending on how much it amounts to, you may wish to retain an attorney--or you may be better served filing a lawsuit representing yourself, such as in small claims court, to save on lawyer fees. Good luck.

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