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can a employer legally hold my pay check

 
Anonymous Coward
User ID: 857918
United States
01/05/2010 02:53 PM
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can a employer legally hold my pay check
for being late to a meeting?
El Brujo
User ID: 852935
United States
01/05/2010 02:54 PM
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Re: can a employer legally hold my pay check
I don tthink they can withhold earnings from you unless they have a court order to do so. But holding a check because you were late doesnt sound legal to me.
El Brujo
User ID: 852935
United States
01/05/2010 02:55 PM
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Re: can a employer legally hold my pay check
Then again...maybe you signed some agreement when you were hired allowing htem to do so.
The Boss

User ID: 528738
United States
01/05/2010 02:56 PM
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Re: can a employer legally hold my pay check
Unless you signed something that says they can, then no.
Pardon me for interrupting your premature celebration, but I thought it only fair to give you a sporting chance as you are new to this game.
Anonymous Coward
User ID: 830974
United States
01/05/2010 02:56 PM
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Re: can a employer legally hold my pay check
No, but they can fire you for being late
Aileana

User ID: 561062
United States
01/05/2010 02:56 PM
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Re: can a employer legally hold my pay check
for being late to a meeting?
 Quoting: Anonymous Coward 857918


an employee can't hold your entire check for any reason. that is money you have legally earned are entitled too.

they can however hold a small portion if they believe that you owe them money.. such as if you have a cafeteria at your work

Last Edited by Aileana on 01/05/2010 03:00 PM
Anonymous Coward
User ID: 857920
France
01/05/2010 02:59 PM
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Re: can a employer legally hold my pay check
Unless you signed something that says they can, then no.
 Quoting: The Boss
Foxx.

User ID: 827175
United States
01/05/2010 02:59 PM
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Re: can a employer legally hold my pay check
No.
You are the driver, you Own the Road!!Stand up and Shout

I've a suggestion to keep you all occupied, Learn to Swim!!
Anonymous Coward
User ID: 391006
United States
01/05/2010 02:59 PM
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Re: can a employer legally hold my pay check
Well since the state of california can issue an iou instead of a check...anything is possible.

Seriously, I would of course call your boss' bluff and tell him that you are aware that holding your check for tardiness is in violation of the labor board, as well as a offense that can be fined by the Unemployment Department of your state. It is illegal to withhold your check without a legal order and notice to you beforehand.
lime flavoured

User ID: 857653
United Kingdom
01/05/2010 03:00 PM
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Re: can a employer legally hold my pay check
I'd say not unless it specifically says so in your contract.
Anonymous Coward
User ID: 831992
United States
01/05/2010 03:04 PM
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Re: can a employer legally hold my pay check
Well I was a bookkeeper and a few companies I used to work with did in fact hold employee's paychecks. Usually when someone quits and that employee did not call them to tell them so...also they have held the checks because the employee did not turn in some equipment that was issued to them...I believe they can hold your paycheck for up to 2 weeks...at least that is what the companies told me when I questioned this. Doesn't seem right to me though...



hf
C74R1TY-44

User ID: 839448
United States
01/05/2010 03:06 PM
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Re: can a employer legally hold my pay check
You've already worked for the money.

They can't mandate additional stipulations after the original contract.

They are in breach.

Sue them.
The storm is closing in to begin again from the beginning. Never sitting through my waking life oblivious. The ignorance running rampant through the city is indicative of something worse; this picture isn't pretty.
Aileana

User ID: 561062
United States
01/05/2010 03:09 PM
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Re: can a employer legally hold my pay check
i am a payroll accountant and have been for close to 15 years, the FLSA states that a company cannot legally hold your paycheck you must be paid for all the time you have worked.

threaten him with the department of labor and then file an unpaid wages statement with them.

Last Edited by Aileana on 01/05/2010 03:09 PM
Anonymous Coward
User ID: 340451
United States
01/05/2010 03:14 PM
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Re: can a employer legally hold my pay check
sue them for a millon

get fired and sue for discrim ination


are u black? u win 100% of time
Aileana

User ID: 561062
United States
01/05/2010 03:15 PM
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Re: can a employer legally hold my pay check
i am a payroll accountant and have been for close to 15 years, the FLSA states that a company cannot legally hold your paycheck you must be paid for all the time you have worked.

threaten him with the department of labor and then file an unpaid wages statement with them.


Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA.

Last Edited by Aileana on 01/05/2010 03:15 PM
Anonymous Coward
User ID: 836479
United States
01/05/2010 03:21 PM
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Re: can a employer legally hold my pay check
let me guess, you work in sales.
Anonymous Coward
User ID: 857940
United States
01/05/2010 03:21 PM
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Re: can a employer legally hold my pay check
Thanks for the help everyone.
Anonymous Coward
User ID: 836479
United States
01/05/2010 03:22 PM
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Re: can a employer legally hold my pay check
...and no it's not legal. Find work with a reputable company that doesn't hold your paycheck over your head. Your just getting deeper into it if you don't!
Anonymous Coward
User ID: 857111
United Kingdom
01/05/2010 03:23 PM
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Re: can a employer legally hold my pay check
me and the company accountant are cool, I could get paid weekly if i wanted..but i'll just spend it on crap ;P
Anonymous Coward
User ID: 857940
United States
01/05/2010 03:24 PM
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Re: can a employer legally hold my pay check
i am a payroll accountant and have been for close to 15 years, the FLSA states that a company cannot legally hold your paycheck you must be paid for all the time you have worked.

threaten him with the department of labor and then file an unpaid wages statement with them.


Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA.
 Quoting: Aileana

# 1 answer Thanks... Aileana you have been alot of help!
Anonymous Coward
User ID: 635275
United States
01/05/2010 03:31 PM
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Re: can a employer legally hold my pay check
Well I was a bookkeeper and a few companies I used to work with did in fact hold employee's paychecks. Usually when someone quits and that employee did not call them to tell them so...also they have held the checks because the employee did not turn in some equipment that was issued to them...I believe they can hold your paycheck for up to 2 weeks...at least that is what the companies told me when I questioned this. Doesn't seem right to me though...



hf
 Quoting: Angelseverywhere


I was also a bookkeeper for many years in California. If an employee quits and doesn't return equipment the cost of the equipment should be taken out of last check. Then company either holds check for pick-up or employee can request they mail it.

If a person is fired the check must be ready at the time of firing.

In the OP's case they can not hold the check. He/she can call labor board and for every day that check is delayed beyond the regular pay day the employer is charged a penalty which is paid to the employee. The penalty adds up. I have known of employees getting more than twice their regular pay amount on top of their regular pay.
Anonymous Coward
User ID: 831992
United States
01/05/2010 03:37 PM
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Re: can a employer legally hold my pay check
Well I was a bookkeeper and a few companies I used to work with did in fact hold employee's paychecks. Usually when someone quits and that employee did not call them to tell them so...also they have held the checks because the employee did not turn in some equipment that was issued to them...I believe they can hold your paycheck for up to 2 weeks...at least that is what the companies told me when I questioned this. Doesn't seem right to me though...



hf


I was also a bookkeeper for many years in California. If an employee quits and doesn't return equipment the cost of the equipment should be taken out of last check. Then company either holds check for pick-up or employee can request they mail it.

If a person is fired the check must be ready at the time of firing.

In the OP's case they can not hold the check. He/she can call labor board and for every day that check is delayed beyond the regular pay day the employer is charged a penalty which is paid to the employee. The penalty adds up. I have known of employees getting more than twice their regular pay amount on top of their regular pay.
 Quoting: Anonymous Coward 635275


I hear ya AC...in the cases of the equipment their paychecks did not have enough to cover the missing equipment. So they decided to hold the check until they gave back the equipment. Believe me I questioned this when they told me to hold the paychecks and its not just one company that I worked for that has done this...I think it's wrong as well... and as for when they held the checks for people that did not call them to tell them they were leaving... I know that they were just doing it out of spite...but what could I say to the owners of these companies ya know? I needed my job...

hf
trevorlewis
User ID: 885794
United States
06/22/2012 08:30 AM
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Re: can a employer legally hold my pay check
Can my exemployer hold my vacation paycheck because they say I owe them $100 and they'll only accept cash,instead of just takin it out of my check?
Fred
User ID: 1081195
United States
06/22/2012 08:38 AM
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Re: can a employer legally hold my pay check
Legally almost certainly not....

BUT...

The law is for the rich and powerful. Can you afford to lose the job? They can find an excuse, and you would be homeless before ever winning in court. Better to suck it up for now, start looking hard for a place that doesn't suck as much.
whycan'twe
User ID: 1299171
United States
11/20/2013 09:44 PM
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Re: can a employer legally hold my pay check
Does anyone out there in MI deal with Mental Health fidicuaries holding paychecks back for multiple excuses thatrange from 1)"we didn't get the time sheet that was faxed to us on time, don't care that you have proof", 2)"our person who writes the checks went on vacation, you'll get your check when they get back", 3)"unless xcz this that is done, we will not send your paychecks".
None of these reasons sound legal to me, but they are the fidicuary for the County...so...they must be, right? Any thoughts out there, or similar experiences and POSITIVE results?
Anonymous Coward
User ID: 50270552
United States
11/20/2013 09:49 PM
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Re: can a employer legally hold my pay check
Read your employee handbook/contract. It will state the company policy you agreed to.

If you live in a "Right to Work" state, short answer is yes.

Suck it up and give more to the corporate Gods.
whycan'twe
User ID: 1299171
United States
12/01/2013 10:36 PM
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Re: can a employer legally hold my pay check
Thank you.
Yup, MI was recently made a Right to Work State.
Why does that make a difference?
Anonymous Coward
User ID: 50271813
Canada
12/01/2013 10:38 PM
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Re: can a employer legally hold my pay check
if its court ordered if not


they will get sued in court


Idol1 Idol1Idol1
Useless Cookie Eater

User ID: 29696048
United States
12/01/2013 10:39 PM

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Re: can a employer legally hold my pay check
can a employer legally hold my pay check

for being late to a meeting?
 Quoting: Anonymous Coward 857918


NO....but he can legally FIRE YOUR ASS for making a habit of being late.
Anonymous Coward
User ID: 53629700
United States
01/30/2014 12:45 PM
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Re: can a employer legally hold my pay check
for being late to a meeting?
 Quoting: Anonymous Coward 857918


Can they hold it if u stolen money
Anonymous Coward
User ID: 53629367
Netherlands
01/30/2014 12:51 PM
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Re: can a employer legally hold my pay check
No ... If on the job is payed and out of the door is no pay.

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