Is it legal for my former employer to withhold my entire final paycheck if I quit without giving 2 weeks notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for my former employer to withhold my entire final paycheck if I quit without giving 2 weeks notice?
My former employer informed me that the contract I signed at the beginning of my employment stated this but my situation did not allow me to give 2 weeks notice.
Asked on June 19, 2015 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The Fair Labor Standards Act (FLSA) requires that employers pay wages to employees for their hours worked. Under no conditions is an employer allowed to withhold payment of wages; they are violating the law if they do and there are legal penalties for doing so. The FLSA requires that employers pay employees for hours worked; however the act doesn't require that employers issue a departing employee their final paycheck immediately upon resignation (but does recommend that it be issued by the next regular payday). That having been said, state laws may require that a paycheck be paid immediatley upon resignation (it varies from state-to-state).
The above holds true whether or not the employee gave 2 weeks notice. Absent some sort of agreement to the contrary (i.e. employment contract, union agreement or stated company policy), most employment is what is know as "at will". This means that an employer or an employee has the right to end the working relationship at any time, for any reason, with or without notice. Accordingly, the practice of giving a 2 week notice isn't a requirement, it's a professional courtesy.
If your paycheck is withheld you can file a complaint with the US Department of Labor and with your own state's labor department. Additionally, you could file suit against your former employer. To be fully certain of your rights, you should consult directly with an employment law attorney.
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.