Is it legal if my employer took from my bank account because I quit 2 days before payday?

My old employer took my last paycheck 02/28 out my bank account 03/05. Now my account is short $1165. My last day was 02/26. Is this legal for them to take my paycheck even though I quit 2 days before getting paid? I’m salary so I get paid every month in the 15th and the last day of month, so technically my last check should have been for hours I worked before quitting.

Asked on March 5, 2019 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You are correct that you should have been paid for all days (since you were salaried, days, not hours, is what counts) you worked up to and including the last day your worked. The employer could only legally take back money you never earned because you didn't work those days. So if your last day was on the 26th, you should have been paid through the 26th.
If your last check included money for the 27th and 28th, whether by accident or because they did not have enough notice to adjust the size of your check, they could take back money for those two days only. If they took back money for days you actually worked, you could sue them for the money unless they promptly return it. And if you incurred fees due to them taking back money they should not have (e.g. bounced check or late fees) you could sue for those amounts, too.


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