Can a company hold my final check?

UPDATED: Sep 30, 2022

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Can a company hold my final check?

I was an independent contractor for a
trucking company. My contract stated I
got paid every Thursday. I stopped
working with that company Tuesday and
today they refused to pay my final
check. What are my legal options?

Asked on October 6, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As an indepdendent contractor, you must be paid for all work you actually completed prior to the termination of your working relationship (whether a voluntary or involuntary termination) with that company. They have to pay you for the work you did, otherwise they are in breach of contract (even if there was no written agreement, there was at least an oral agreement as to what you'd be paid for the work you did--such an agreement is enforceable); if they won't pay, you could sue them (e.g. in small claims court, acting as your own attorney, to save on legal fees) for the money.

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.

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