Can an employer legally withhold your paycheck or not give you the paycheck on payday?

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Can an employer legally withhold your paycheck or not give you the paycheck on payday?

Asked on January 19, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, an employer may not legally withhold your paycheck--even if an employee owes the company money for some reason (e.g. damaged company property) or is being disciplined or terminated, the employee must be paid for all work done.

Of course, to enforce the right to be paid, the employee would have to sue, which has its own costs. Therefore, as long as it looks like she or he will be paid--just late--it's probably not worth taking action.


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