In what case can an employer keep a paycheck?

UPDATED: Sep 30, 2022

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In what case can an employer keep a paycheck?

My fiance was fired from his job for seeking other/more employment. They told him that he

couldn’t have his check unless he returned the shirts. I went to return them and they gave me a paper that pretty much said he quit and to get his check he had to sign it. Is this legal?

Asked on November 29, 2016 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is not legal, and your fiance may wish to contact the state or federal department of labor to file a complaint, and/or to sue for his pay. An employee must be paid for all work he did including his final paycheck--period. The employer cannot require him to sign a document stating that he quit or resigned (and he should *not* sign it: if he does, he make himself ineligible for unemployment, since you can't get unemployment if you voluntarily leave work); and if they think he owes them shirts, they are free to sue him for the value of the shirts, but *still* must pay him.

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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