Can an employer hold your paycheck until you have an exit interview after you quit a job?

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Can an employer hold your paycheck until you have an exit interview after you quit a job?

It was my understanding that they must pay you on demand.

Asked on November 13, 2015 under Employment Labor Law, Wisconsin

Answers:

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

Answered 5 years ago | Contributor

No, your former employer may not legally do this. The fact is that an employee does not have to sign any documents to get their final paycheck. If they won't release it to you, you could sue them for the money in small claims court and/or contact your state department of labor and see if they can help. If your employer really wants you to sign these documents, they can offer you an incentive to sign them such as severance. They can also mail, fax, or email you the documents in question, since there is nothing that an employer might need/want you to sign that cannot be signed at home and then mailed back.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they may not hold your paycheck until you conduct or have an exit interview. In your state, the final paycheck must be provided by the next scheduled payday, regardless of exit interviews or not. If your employer does not pay when they should, you could file a lawsuit (e.g. in small claims, acting as your own attorney) to get the money; you could also try contacting your state department of labor and seeing if they will help you.


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