Can my employer withhold my final paycheck?

Asked on October 9, 2015 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You offer no details of your situation. However, an employer cannot withhold an employee's paycheck for any reason unless the employee has consented to this in writing. And when a final paycheck is involved, it must be paid within a certain statutory timeframe. In OH, if the employee was terminated it must be paid by the next scheduled pay date or 15 days, whichever is earlier if the employee quit it must be paid on the next scheduled pay date.   
If you owe your employer for damaged merchandise, a company loan, tools that were given to you etc., then your employer can sue you or seek other legal action to recover its money. But it may not make deductions from your paycheck or withold it entirely.
If you are not paid in a timely fashion, then you can sue your employer in small claims court, file a complaint with your state's department of labor and/or consult with a directly with a local employment law attorney.


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