Can an employer hold my wages if I quit?

I quit my job yesterday after telling them a week in advance that I have another job. They gave me my paycheck and then put a stop payment on it because I quit. I had even scheduled payments for bills that are due. I called the owners and they said that they did not hold the first week I got paid and therefore they are going to hold this last paycheck until they find someone to replace me is this legal?

Asked on June 6, 2017 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A worker is entitled to be paid wages for all time worked. However, while most states have time limitswithin which an empoyee must receive their last paycheck, FL does not. Yet, it would have to be paid within a reasonable amount of time; weeks would be too much. Your paycheck cannot be unduly held hostage until a replacement is found. If you are having trouble getting your last paycheck, you should seek assistance from the U.S. Department of Labor, as FL has no department of labor of its own.

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