Can my former boss put a stop payment on my paycheck after I had quit and received my paycheck?

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Can my former boss put a stop payment on my paycheck after I had quit and received my paycheck?

I quit my job and he put a stop payment on my check after I received it. He stated that he put a stop payment on my check until I paid my food tab and turned in my uniform.

Asked on November 9, 2018 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The general rule is that absent an employment contract or union agreement to the contrary, a worker must be paid for all time worked, even if they still have company property or owe the company money. One thing has nothing to do with the other. in other words, employers re not legally allowed to withhold wages for this reason. Accordingly, your former employer must pay you your final paycheck in full within the time period mandated by state law. Since your ex-employer is giving you a hard time about paying your final paycheck, you should contact your state's department of labor and file a wage complaint. There are penalties for failing timely pay a worker their wages.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The general rule is that absent an employment contract or union agreement to the contrary, a worker must be paid for all time worked, even if they still have company property or owe the company money. One thing has nothing to do with the other. in other words, employers re not legally allowed to withhold wages for this reason. Accordingly, your former employer must pay you your final paycheck in full within the time period mandated by state law. Since your ex-employer is giving you a hard time about paying your final paycheck, you should contact your state's department of labor and file a wage complaint. There are penalties for failing timely pay a worker their wages.


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