What do I do to get a pay check I’m owed that is being held?
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What do I do to get a pay check I’m owed that is being held?
Because of my recipes I brought with me to the job and took with me when I left.
Asked on July 7, 2015 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your employer must pay you for all work you did or days you worked: even if they think that you may owe them money for some reason, they still may not withhold a paycheck from you. The laws does not allow them to withhold a check; see, for example, the federal Fair Labor Standards Act. (Failing to pay an employee for work he/she did can also be seen as a breach of contract, even if it's an oral [not written] contract: you performed your obligation by working, so the employer must fullfile their obligation by paying you for that work.) If they will not voluntarily honor their obligation to pay you, you could sue them to get the check. If it's one paycheck, you are probably best off suing in small claims court, acting as your own attorney ("pro se") to reduce costs. (Also, small claims cases tend to be resolved faster than other cases.)
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