What can I do to obtain paychecks that my former employer is holding?

UPDATED: Feb 13, 2012

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What can I do to obtain paychecks that my former employer is holding?

My former employer is with holding my paycheck from last week and for next week; this is due to a financial agreement I had signed with them. No where in the agreement does it say that they will with hold my paychecks and I feel the agreement is null and void because they did not live up to there end of the deal.

Asked on February 13, 2012 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Even if an employee owes an employer money for some reason (a loan; to pay back training costs; because the employee broke or lost something; etc.), the employer may not withhold paychecks unless the employee agrees to allow that. Otherwise, the employer's recourse is to sue the employee for the money he or she owes; and/or to fire an employee who it believes has caused it a loss.

2) If there was a contract  or agreement and the employer materially breached (violated in some significant way) its obligations, that may provide a basis for you to terminate the agreement and escape your obligations (e.g. to pay).

3) If the employer persists in wrongfully withholding paychecks, the way to obtain them is to sue the employer.  You may wish to consider suing in small claims court, where the fees are low and you could act as your own 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.

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