Is it legal to withhold someone's paycheck?
Answer: Get together your copies for all the wages that you are owed. They might claim that you owe them money for something. Call your State Department of Labor and file a complaint. Be vigilant about following through with everything you are required to do.
Plain and simple, no. Regardless of what your situation is, you're entitled to whatever wages you've earned.
NO! If yours is being held call your local labor board...If you are doing to holding? I hope they call on you!
NO the two above people are incorrect. They can hold you paycheck, if you quit or fire for up to 14 days. The reason is, is you may have company assets or have damager company assets and they can hold it till the see you have left without any problems. So sorry, they can hold it, but after 14 days they can not. Just make sure you returned your uniform if you have one and that you did not do any damage.
As long as you don't owe the company money they cannot withhold your check. Talk to your boss and find out why you're not getting your check. If you were fired they may be able to hold your check until the issue surrounding your firing is resolved. If you signed a contract, read it. It is legally binding. Sometimes the company may not realize they didn't give you your last check, that happened to me once and I was sent a check around tax time. You really need to calmly find out why you are not getting a check you think you should be getting.
IT IS ILLEGAL. I DO PAYROLL FOR COMPANIES IN NEW JERSEY, AND I KNOW FOR A FACT THAT IT IS AGAINST THE LAW. LOOK IN THE PHONE BOOK FOR ONLINE FOR YOUR LABOR BOARD.
Complying With Wage and Hour Law
What can be deducted from an employee’s paycheck?
Employers are required to deduct federal and state taxes as well as Social Security (FICA) and Medicare. Any other deductions must be authorized by the employee before the day of the first deduction except court ordered garnishments for such things as child support or back taxes.
What if an employee forgets to punch in or out? Can the employer withhold their pay when this occurs?
The employer must pay employees for any time worked regardless of whether they are punched in on the time clock. However, keeping accurate time records is important. It is best to have a policy in place about how to accurately determine time worked, including how to handle when an employee forgets to punch in or out. The employer should be sure to follow the policy once it is established.
When an employee quits, does the employer have to pay them on the day they leave?
No. Employers can choose to pay an employee on their last day of work, but they are not required to pay them until the next scheduled payday.
How long should an employer keep time records?
The US Department of Labor recommends that employers keep payroll records for at least three years.
With regards to payroll, it is important to remember:
·Employees must be paid on scheduled paydays. Employers cannot withhold a paycheck or ask employees not to cash paychecks on the payday.
·Payroll records (including time records) should be kept for three years.
·Non-exempt employees must be paid for time worked including when they come in early, stay late, complete work during a break time, or take work home.
·It is important to have policies in place to handle situations such as an employee forgetting to punch in or out.
For more information or specific questions concerning
payroll, please contact:
US Department of Labor, Wage and Hour Division
For deduction and promised wage questions, contact:
NC Department of Labor, Wage and Hour Bureau
919-807-2796 (Raleigh) or toll free 1-800-NC-LABOR (1-800-625-2267)
Info taken from http://www.ncchildcare.org/payroll.doc...
are you an employer? if so, you can delay an employees' pay for a valid legal reason
Btw, different laws apply to different countries.
Laws have recently changed regarding garnishment of wages. If you are behind on a student loan, child support payment or IRS debt, it's possible to have your paycheck garnished.
Call your local workforce commission and speak to someone with experience with wage garnishment. If nothing applies to you, then speak with them about how to get your paycheck from your employer. And I would recommend you look for a new job...
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