How long can a employeer hold your last check after termination?
Question Details:
I was fired from my job and my employer is holding my check for some reason. Can he legally do that without notification? How long can he hold my check? In KS.
M.D., Member, California And New York Bar / FreeAdvice Contributing Attorney
Answered 1 year ago|
Contributor
In KS, when an employee is fired, the employer must give them their final paycheck on or before the next regularly scheduled pay date. There are no circumstances under which an employer can totally withhold a final paycheck; typically they employers are required to issue a final paycheck containing compensation for all earned, unpaid wages.
An employer can only make deductions from an employee’s final paycheck that are required under federal or state law, such as taxes or garnishments, or that the employee has authorized for their benefit. An employer can also deduct any amounts that have been overpaid to the employee.
If an employee is unable to obtain their final paycheck from a former employer, the employee can file a wage claim with the KS Department of Labor or they can pursue the employer independently through a private court action.
