Can my employer hold my final check until I meet them to get it?

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Can my employer hold my final check until I meet them to get it?

My previous employer let me go because they could not afford to pay me any more. My last day was 14e days ago and I still have not been paid. After unsuccessfully attempting to pick up my check on payday (checks were not ready) I informed my employer of state law which requires them to pay me within 6 days of my final day of employment. She told me I would need to schedule and appointment with her to pick up my check next week when she is available. Is this legal?

Asked on December 9, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, it is not legal. The employer may not hold your check past that time allowed by your state's law; and the employer may not condition receiving your final check on your meeting with them.

That said, to get your check, you have two choices--one, bring a legal action to force its release to you; or two, meet with your former employer. Regardless of right and wrong, it is likely much quicker and cheaper to simply have the meeting.


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