Is my ex-employee allowed to withhold my paycheck?

I was hired by a school to work as a front desk secretary. I resigned from my prior job to start this

new job because it offered higher pay and full-time hours. They gave me a starting date of May 1, 2017. After I resigned and was ready to start my new job the boss called me and said that I wouldn’t be able to start until May 30, 2017. I went a whole month without working. After I began my new job I was

supposed to be trained for at least a month. I was trained by someone for a day. After working there for

nine days I was let go because according to my boss I was not qualified for the position. I was supposed to get paid on June 15,2017 and I still have not received my paycheck. They have been giving me the runaround about my check and now they won’t even return my calls.

Asked on June 27, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they are not allowed to withhold your paycheck: the law is clear that if you worked--and training time is also considered work, by the way, so you need ot be paid for the training day,too--you must be paid for the work you did. There are no exceptions. You could try filing a complaint with the state department of labor, who may help you, and since the agency's help (if granted) is free, starting by contacting the agency is a good idea. If they cannot help you, then you could sue the employer, such as in small claims court, for the money.


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