Can my employer hold my check for 60 days?

UPDATED: Sep 30, 2022

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Can my employer hold my check for 60 days?

I work for a delivery company. When I started working, I had to pay a $2,000 bond. Which is for any damages I do to furniture or a home in my last 2 weeks of working. I quit this past week and when I went to go look at my deposit at my bank, no check was there. I called my employer, and he said that they are holding my last 2 checks for 60 days. That’s what my bond

is for. I need my checks to pay my bills and support my family. I think they are doing it illegally. Is there anything I can do?

Asked on June 3, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, they cannot withhold your money without your consent (agreement) even if you may or do owe them any money. Practically, there is little you could do: you could sue them for the money, for example, but if you'll be paid in 60 days, you'd get the money about the same time as, or even before, the case went to trial. All you could try is to contact your state departent of labor about this breach of labor and wage law; the dept. may be able to contact the employer and get them to pay the money now rather than face possible legal action by the department.

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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