Can my employer withhold my last check ?

UPDATED: Oct 25, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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.

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