Can my employer withhold my last check ?

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Can my employer withhold my last check ?

Two months ago I got a loan from my boss and he
was taking out 50 out of every check until paid in full
no documentation was signed for example a
promissory note, Im no longer employed there can he
with hold my last check?

Asked on October 25, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, he can't: an employer may only withhold money from a paycheck either with employee consent (agreement) or a court order (such as for wage garnishment). In theory, if he does, you could sue for the money. In practice, if what he withholds is less than what you still owe them, it'd be better to let him have the money: if you sue him for the paycheck, he could sue or countersue you for the balance of the loan, and if the balance is equal to or greater than the check, you'll come out economically in the same place or even behind.


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