What are my rights to my last paycheck if I was fired last week from my job as an appliance repair tech?

I got paid every Friday. Last week they took out $50 of deductions. I didn’t agree to this in advance. Is this legal? Also they say they are going to hold my last check for a month. I didn’t sign anything or agree to this and they also have no employee handbook or list of policies. I believe I should get paid my last check this Friday as scheduled. What are my options? Are they breaking the law?

Asked on August 19, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, in your state, you should be paid your final paycheck by or before they could always voluntarily pay early the next regularly scheduled payday.
Also, they may not deduct any amounts from your paycheck other than 1 which were agreed to by you e.g. deductions for health insurance or other benefits, or 2 which are required by law such as withholding for taxes, or for court-ordered wage garnishment. If they take improper amounts, you could sue  them to recover the money, though for $50, it's not clear than even a small claims case would be worth the time you could spend all day in court.


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