Can my old employer withhold my check?

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Can my old employer withhold my check?

I left my old job for a better job and they have withheld my check and claim that I stole something from them that wasn’t there.

Asked on June 10, 2019 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 1 year ago | Contributor

No, your former employer cannot withhold your final paycheck. The law is that a worker must be paid for all time worked. If your former company feels that you stole from them, then they can pursue legal action in court and sue you for what they think you owe them. However, they would need to prove that you actually stole something. If you cannot get your final check, then you can sue your ex-employer in small claims court or file a wage claim with your state's department of labor.

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

Answered 1 year ago | Contributor

No, your former employer cannot withhold your final paycheck. The law is that a worker must be paid for all time worked. If your former company feels that you stole from them, then they can pursue legal action in court and sue you for what they think you owe them. However, they would need to prove that you actually stole something. If you cannot get your final check, then you can sue your ex-employer in small claims court or file a wage claim with your state's department of labor.


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