Can I legally withhold Employee check until i get written statement about accident?

Driver was involved in a truck overturned. Insurance is requesting a written statement and driver has not provided. Can i withhold last check until he provides this?

Asked on March 21, 2017 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you may not do this: the law does not let an employer withhold employee pay without 1) employee consent or agreement to do this; or 2) a court (or IRS/taxing authority) order (e.g. an order garnishing wages). You can threaten to terminate him if he won't provide the statement; suspend, demote, or reduce his salary/wages until he provides it; refuse to schedule him to work until he provides it; etc.--there are many things you can do, it's just that withholding pay is not one of them.

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