Can my ex-employer hold my last pay for not clocking out correctly?

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Can my ex-employer hold my last pay for not clocking out correctly?

I’m on salary but my former employer still wanted me to clock in and out. I gave a 3 week notice on good terms. Sometimes I would just clock in from my phone instead of using the work computer in the back office being it’s an online web clock to save time when I was in my office. My office was located

in a different spot than the back office time clock. They are now holding my check saying that since I didn’t use the back office computer they feel I stole company time and we not pay me my last check. It was only 3 days. Is this legal?

Asked on January 30, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only reason why an employer may refuse to pay an employee (other than with employee consent or agreement, or pursuant to court order) is when they believe the employee did not actually work the time he or she claims he did: the employer could not pay the employee for the time they feel he or she did not work. If the employee disagrees and feels he/she did work that time, the employee could sue the employer for the unpaid wages; if the employee can prove in court by a "preponderance of the evidence" (that it is more likely than not) that he or she did the work, the employer can get a court order requiring that the employer pay.


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