when you are an at will employee, does the employer have the right to hold your paycheck:?

Question

If you are an at will employee and quit your job, soes the employer have the right to hold your check for hours that you earned because they say you have to sign exit paperwork? that is my situation, my paycheck was due to me on 11/29/06 and we are now in 1/2007 and I still have not recieved my paycheck, is there anything I can do? does anyone know?

Answer 1

Generally, this is illegal.

In California, "Employees who are discharged must be paid all wages due at the time of termination." (There's some stipulation about 72 hours notice, but if you left in November, that's immaterial.)

If you are in CA, file a wage claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

If you are not in CA, search your state's labor website for similar rules.

Answer 2

No. Most states have laws saying that a person has to be paid by his employer on the next schedule pay day. If you are having trouble getting a paycheck from an employer contact your state labor board.

Answer 3

The paycheck cannot be held.

With at-will employment, either party can end the work relationship at any time for any reason. But until the relationship ends, the employer agrees that if you are working, he will pay. If you worked hours, you earned the money. These terms cannot be changed retroactively. The employer accepted your work, so your employer agreed to pay you. If the employer keeps the check, he stole your time and energies.

While calling an attorney might not be a bad idea, I say go down to the police station and fill out a police report. This employer stole from you. He should go to jail.

My daddy always said never stand between a person and the money that person earned. Your ex-employer is a jerk. Good luck finding a job where you will be treated with dignity.

Answer 4

You must complete the exit process if you are an at will employee which usually requires filling out about 20 minutes worth of paperwork, Go fill out the exit interview paperwork and get your paycheck

Answer 5

If he fired you, no. If you quit on your own, yes he can hold your paycheck until the next payday. You do not have to sign any exit paper work, that is for the employers convenience only. It may prevent you from receiving unemployment benefits.

Answer 6

No, they cannot hold your check for any reason. Contact your local Dept of Labor and they will help you receive your pay.

Answer 7

That is actually theft and you could tell the police i guess. That is so wrong you are entitled to your pay