Can a company withhold my check for a unreturned uniform?

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Can a company withhold my check for a unreturned uniform?

I was terminated for not bringing a doctor’s note to the employer and was employed for a month. Ok. I went to pick up my last check but they did not give it to me because of the uniform that I have misplaced or lost.

Asked on November 5, 2018 under Employment Labor Law, New York

Answers:

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

Answered 2 years ago | Contributor

Absent an employment contract or union agreement to the contrary, an employee must be paid for all time worked, even if they have company property. The law does not allow employers to withhold wages for this reason. Therefore, your ex-employer must pay you your final full paycheck within the time period mandated by state law. Since your former employer is giving you a hard time about paying your final paycheck, you should contact the NY state department of labor and file a wage complaint. There are stiff enalties for failing timely pay a worker their wages.
 


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