Can my employer hold my paycheck

I didn’t complete my notes on my
residents, which is a job requirement,
now they withholding my check. Is that
legal. Its been a week

Asked on April 13, 2016 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they can't withhold for this reason. Pay or paychecks may only be withheld:
1) With employee consent--i.e. letting an employer withhold to repay a loan from the employer; or withholding for health insurance;
2) As required by law--e.g. tax withholding, or court-ordered wage garnishment; or 
3) If the employee failed to provide information necessary to process payroll (e.g. an hourly employee failing to turn in his/her timesheet; an employee failing to provide bank information for direct deposit), in which case the pay can withheld until the failure is corrected.
If an employee fails to complete his or her duties or obligations, the employer cannot withold pay and the employee could, if necessary, file a wage complaint with the state department of labor. There are other things an employer may legally do, however, for an employee who fails to do his/her job: suspend; demote, transfer; reduce pay or hours going forward; change duties or job; even terminate.

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