Is it legal for an employer to hold your last paycheck?

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Is it legal for an employer to hold your last paycheck?

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day was my last day at work. I am a social worker. My employer checked my charts and there was a few missing notes and she threatened me that if I did not get them in she would put a request in to hold my last paycheck until they are in the charts. Is this legal? Can she do this?

Many states have different laws regarding what an employer may or may not deduct from an employee’s paycheck and many of the penalties for violating these laws are stiff. For example, in Oregon, an employer may not withhold a final paycheck or make deductions from an employee’s paycheck for employer required tools or uniforms – and contracts signed by an employee allowing such a deduction are not permitted. You need to check the wage deduction statutes in your jurisdiction before you withhold the paycheck or deduct the amount of the uniforms from the paycheck to see if it is allowed.

Asked on December 23, 2016 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Many states have different laws regarding the withholding of a final paycheck and what an employer may or may not deduct from an employee's paycheck. Many of the penalties for violating these laws are severe. In NY, there are no circumstances under which an employer can totally withhold a final paycheck; employers are typically required to issue a final paycheck containing compensation for all earned, unpaid wages. If you are unable to obtain your last paycheck, you can file a claim for unpaid wages with your state's Department of Labor and/or sue your former employer in small claims court.


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