Can an employer take a paycheck back after you’ve been paid for work?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer take a paycheck back after you’ve been paid for work?

I worked a week of paid training and a week of work, but had to quit due to a family emergency. I still got my direct deposit on Friday, but they took the money back out on Tuesday. Is this legal? What can I do?

Asked on September 8, 2010 under Employment Labor Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are entitled to be paid for what you worked.   And, under federal law, you have to be paid for the time that you are under their control or performing a task for their benefit.  So if you are required to attend the training class then you are entitled to be paid for it.  And if you actually worked a week as well then you are entitled to be paid for it.  May I ask: did you have an employment contract of any kind? It may or may not matter, but it would be a good idea to have someone take a look at it anyway.  I would first contact your ex employer and demand - nicely of course - the money owed to you.  Then, if they do not comply, contact the department of labor in your state or the state attorney general.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption