Can my employer withhold my paycheck?

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Bert	threaten to sue them. Was this answer helpful to you? Yes / No

puppy.lover13	Absolutely not... Was this answer helpful to you? Yes / No

Rob F	No. Was this answer helpful to you? Yes / No

crazyem	Unfortunately, yes, if they can allege you haven't finished your work. They can't keep it for no reason, or forever though, but you have to do what they want. Was this answer helpful to you? Yes / No

Mr_Biggelsworth	your pay can be withheld ONLY if a judge allows it Was this answer helpful to you? Yes / No

®vK	HELL NO! They shoulda dealt w/that when they hired you! Not after ur leaving...tell em like this...there ain't no such thing as free labor! what u think u can just get a free ride??? lol Was this answer helpful to you? Yes / No

monkeymustard	Call the cops and file a report. Then go to The Labor department in your area and explain your situation. Then try to find a free legal service (if you can't afford an attorney), and threaten to sue. In times like today, employers can't afford to screw around with people's money when so much bills have to be paid. My point? Make noise. Make it loud and clear that slavery ended generations ago and last time you checked, you didn't walk into your job with a chain placed around your neck. Good Luck. Was this answer helpful to you? Yes / No

stella	No way. They can fire you for not doing your job, but not withhold pay for work you've already done. It sounds as though he is trying to punish you for giving notice. http://blog.laborlawcenter.com/2006/08/07/pennsylvania-labor-board/ Contact these people for help. Also, you may be able to talk to your bosses boss or the board of directors at your organization, especially if it is a nonprofit. Was this answer helpful to you? Yes / No

SweetPea	You can not do the paper work, but they might just fire you. Was this answer helpful to you? Yes / No

shalia s	I wouldn't think so!! Was this answer helpful to you? Yes / No

mj69catz	Depending on the situation, they may be able to get away with it -- if your paperwork is the "proof" that you did the work. The people you hurt most by not doing your paperwork are the children. Please do your paperwork and do it correctly. Keep in mind that part of your "hourly wage" probably included an amount to allow you to do your paperwork. While they may have to pay you part of your wages, they may not have to pay all of the wages. Was this answer helpful to you? Yes / No

Holly W	You need to look at your employment contract and see what it says about requirements. If paperwork is part of your work requirements then you have to do it, if not then you don't. Was this answer helpful to you? Yes / No

shaun s	i dont think so not for that reason Was this answer helpful to you? Yes / No

savvy_recruiter	As an employer, I was told (by my boss) that we can only hold checks for two weeks. If we need to reprocess it for any reason (deduct for a uniform not returned, etc) then it still gives us time to do so. But in the end, you must rightly be paid for all the work that you have performed. Was this answer helpful to you? Yes / No

faunaprincesskitty	They cannot withold your check for money you have already earned. An small business employer did this to me when I was a teenager. My mom went to that employer and threatened legal and police action if she wasn't given my check right then. The employer handed the check over right then. Was this answer helpful to you? Yes / No

♥ Shell ♥	Doesn't seem to be legal, but you might check with the local workforce commission in your area. They will be able to tell you (a) if it is legal and (b) what steps to take if they do. Was this answer helpful to you? Yes / No

Angela C	sounds like a crappy job, check with your states employment agency and see what they know. If they don't know , they can probably tell you who to call to find the answers.good luck Was this answer helpful to you? Yes / No

Chasn	If they say you have not completed the services that you are claiming to be be paid for than yes they can hold your paycheck stating that they are not paying for services they have not received even if you don't get paid to do paperwork but it's included as part of your job description, you're screwed Was this answer helpful to you? Yes / No

RottieAngel	I would definately call your state labor board. Was this answer helpful to you? Yes / No

Ollie	just tell him to give you your fcking money, Was this answer helpful to you? Yes / No

gzlakewood@sbcglobal.net	No! Was this answer helpful to you? Yes / No

NAN G	Sounds very illegal to me - contact the labor board. This guy sounds like a terrible supervisor. Was this answer helpful to you? Yes / No

NikonLady	It doesn't sound legal. Was this answer helpful to you? Yes / No

Kottonfire7	I believe the only reason to withhold pay is if you owe the company money or equipment... Was this answer helpful to you? Yes / No

AJ	The answer is no. In no state is an employer allowed to require you to perform unpaid work to receive your paycheck. If you have fulfilled the obligations of your paying work (visiting clients). In fact, if you have kept records and copies of paperwork performed, and you have it in writing that completing this paperwork is a job requirement (and maybe even if you don't have it in writing but you have some other proof), you could be entitled to back pay for doing this work! Visit the website I list below and contact both the labor board and an employment attorney or two for consultations. The following two laws from the website appear to address your situation. I believe your employer is just blustering to get you to work for free. He knows that if he actually withholds your paycheck beyond the date legally allowed, he risks major trouble in court, including addtional fines and fees and maybe your attorney costs. How Soon after I Quit Do I Have to Be Paid? If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day. How much Time Do I Have to File A Claim after Termination? If you were not paid at least the minimum wage or you were not paid correctly for your overtime hours, you should try to file a wage claim within two years from the date the work was actually performed. However, you should file a claim as soon as you can. Since your employer is only required to keep its records for three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes. I recommend going after both your final paycheck and the unpaid paperwork hours if they were REQUIRED to be paid (and you can prove that and you kept records of your hours spent on it or can reasonably otherwise prove it. Does this company have prior complaints or claims against it?) If you just want to get your paycheck and leave, send your employer via certified mail a copy of the law regarding final paychecks and a firm letter demanding payment as per the law. That ought to do it. P.S. Does anyone else find it frightening that such an abusive company is handling the needs of disabled children? Horrors... Was this answer helpful to you? Yes / No