Can an employer withhold a final paycheck upon termination?
Question Details:
I work only on Sunday's. I was terminated over the phone and was told that I would not receive any of the money owed to me until I returned the teaching supplies in my possession. This is not possible for at least 3 weeks given the upcoming holiday. Am I entitled to my money before then?
Yes, you are. The employer may NOT withold your paycheck because they want their teaching supplies back. The two issues--you being paid what you are owed; and you returning supplies--are totally separate, and they need to pay your final paycheck even if you never return those supplies. (Of course, if you don't, they would then have the right to sue you for their value.)

This is illegal. Your employer does not have a right to withhold your paycheck, even if you did need to return teaching supplies. Unless you specifically agreed to an offset for the cost of any unturned supplies against your paycheck, you are legally entitled to be paid.
Absent such specific agreement, the return of the supplies and the final disbursement of your paycheck are to entirely separate matters. If your employer believes that you are responsible for the return of the supplies or for the reimbursement of the cost for same, their proper remedy would be to sue you for the amount owed; however, they still would need to pay you your salary or wages.

Are you a lawyer?
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