What can I do if upon my resignation, my employer kept my last paycheck deeming that I owed them hours I had not worked?

Can they do this ? I was on salary and paid by weekly payroll.

Asked on July 14, 2015 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They can't do this:

1) Employers may never withhold from an employee's paycheck (or the entire paycheck), even if the believe the employee owes them money, unless the employee consents to the withholding.

2) Employers cannot withhold pay, dock pay, etc. from salaried staff for missing hours; salaried staff are paid the same thing every week regardless of whether they worked extra hours or fewer hours. 

You could sue your employer, such as in small claims court (where you could act as your own attorney and save money on legal fees) for the unpaid salary.


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