Can my ex employer withhold my check until I return my uniform if I have signed nothing agreeing to return it?

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Can my ex employer withhold my check until I return my uniform if I have signed nothing agreeing to return it?

I was laid off my job and am not being aloud a paycheck because of a lost hat that I am not able to return. Can he deny me my paycheck until I return it?

Asked on August 5, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most states in this country have uniform laws concerning an employee's final paycheck and when it must be paid.

There are laws preventing one's employer from withholding an employee's final paycheck beyond the required time period as "hostage" to the former employee in not returning an article that the employer believes should be returned. Likewise, the employer cannot debit the cost of the unreturned article from the employee's final paycheck.

If the employer wants the cost of your lost hat, it must pay you your final full paycheck within the time period mandated by your state's laws and then attempt to obtain the cost of that article later assuming that is even allowed.

If your former employer is giving you a hard time about paying your final paycheck, you should contact your local labor department.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most states in this country have uniform laws concerning an employee's final paycheck and when it must be paid.

There are laws preventing one's employer from withholding an employee's final paycheck beyond the required time period as "hostage" to the former employee in not returning an article that the employer believes should be returned. Likewise, the employer cannot debit the cost of the unreturned article from the employee's final paycheck.

If the employer wants the cost of your lost hat, it must pay you your final full paycheck within the time period mandated by your state's laws and then attempt to obtain the cost of that article later assuming that is even allowed.

If your former employer is giving you a hard time about paying your final paycheck, you should contact your local labor department.

Good luck.


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