Is it illegal for a company to hold your check?

Answer 1

Definitely it is illegal. You can sue their pants off for not paying your wages.

If that is not possible, go to your local labor department. Complain. They will investigate and get you the money. One phone call from them is all what it takes.

If you take them to court, you can collect even more - you can come up with unreasonably withholding money, intimidation, dismissal without cause, compensatory damages - yada, yada....

They won't know what hit them. You are in the driver seat. Don't take no for an answer.

Answer 2

If you work in the US, the answer is yes. The company cannot hold back payroll checks for wages earned, unless the employee agrees.

This agreement could be because the company has critical cashflow problems and needs the help and support of the employees to see it through a difficult period.

In the nonprofit I work for, we have had to agree to not cash our paychecks several times, because the company simply did not have money. We were willing to go along with that because the management was upfront and honest about it.

Answer 3

depending on the circumstances yes and no. a paycheck has to be given when the normal payroll is paid unless you are holding their property such as company uniforms or tools and require you to return them before giving you your paycheck if they fire you, or you leave the company. no, if you are due wages and the pay period has arrived and you are not in possession of their property and they have the funds to cover the check.
if you gave them a check and they have not processed it, you can notify them of your intent not to honor your check if done so in writing, but check your state laws for more accurate info on this type. if you have a disclaimer on your check disallowing the check to be valid after a certain number of days, the bank is not supposed to process it after that date. that is, say you put the message not valid after 60 days, the bank is not supposed to process the check after 60 days from the date of the check. other conditions apply in both payer and payee matters when checks are used and are governed under both federal and state laws.
this only covers some types of transactions. there are other conditions concerning bank drafts, which, though looking like a check, they are not and require special handling by both banks and the company or individual who uses them.
call a local attorney for specifics regarding your state laws.

Answer 4

Yes. If they are seeking compensation for something, they need to take you to claims, not take the law into their own hands!

Answer 5

YES, they cannot legally do this, write the department of labor tomorrow.