Can my employer hold my check for 60 days?

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Can my employer hold my check for 60 days?

I work for a delivery company. When I started working, I had to pay a $2,000 bond. Which is for any damages I do to furniture or a home in my last 2 weeks of working. I quit this past week and when I went to go look at my deposit at my bank, no check was there. I called my employer, and he said that they are holding my last 2 checks for 60 days. That’s what my bond

is for. I need my checks to pay my bills and support my family. I think they are doing it illegally. Is there anything I can do?

Asked on June 3, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, they cannot withhold your money without your consent (agreement) even if you may or do owe them any money. Practically, there is little you could do: you could sue them for the money, for example, but if you'll be paid in 60 days, you'd get the money about the same time as, or even before, the case went to trial. All you could try is to contact your state departent of labor about this breach of labor and wage law; the dept. may be able to contact the employer and get them to pay the money now rather than face possible legal action by the department.


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