Can my employer withhold my final paycheck?

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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.