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| *Ostroff, Fair and Company>>>Law & Legal |
Question about withholding of paycheck? |
Okay, so today I quit my job (it was not on the best of terms- I stormed out and threw my visor behind me and it almost hit my manager). Are they allowed to withhold my check? I want to send a relative in to get it this Friday when it comes in, but I don't want them to say they need to talk to me first, etc. in order to get it. Ah, so what we have here is a rudeness draw. First things first: No, a company cannot withhold an employee's final paycheck, not even if the employee threw a tantrum on the way out the door. Every state has different laws - some require payment within 24 - 72 hours of a termination, others can wait until the next scheduled pay date. under no circumstances can they wait longer to pay you. If you don't pick up the check, it must be mailed to you along with any necessary termination paperwork. They can refuse to give your check to a relative, however, unless they have a previously signed statement on file from you saying it's ok for Aunt Sallie to pick up your check. If the manager tries to withhold your check, call the company and speak directly to the payroll department - they know the law better than your manager will. And next time remember that when someone else is rude, rising above it will just make you look that much better, and them that much worse, in comparison. Good luck. Well, they cannot hold it for personal reasons, however some companies ask for what is called an "Exit Interview" and they can hold the check for that - however just tell them you do not want to do one and they cannot force you. Your best bet would be to stand up, walk in there, ask for your check and not say another word. If they owe you money and there is no reason for them to hold onto it (you returned a uniform and keys if applicable), it should not be an issue getting the chick. Should have thought of that before blowing your stack. But no they can not without the pay check, they can request an exit interview and if you refuse I suppose they could hold it an extra week or so. First off they can't give it to someone else unless you go in and sign a form saying they can give it to them. I would guess they will just mail it to you. Legally they can't. They may say you cannot get your check until you turn in your unifor etc, but only the government can withhold your earnings |
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