Does an employer have the right to withhold a former employees final paycheck after he/she resignes from the position?

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Does an employer have the right to withhold a former employees final paycheck after he/she resignes from the position?

My husband worked for a company for eleven months until they were bought out and new management was brought in. The new management also brought in new employees. My husband was sent out of town to work ad the employer did not provide per diem for hotel/food. My husband felt he was treated badly resulting in him resigning from the job. Now 4 days later, the employer claims that he does not have my husbands final check for him.

Asked on June 14, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he earned the pay, he is entitled to the pay.  Texas has a payday which prohibits employers from withholding any amount of funds from an employee's paycheck unless he agreed in writing to a withholding (like to pay for insurance or uniforms) or because of a court order.  If they don't have one of these two things, they are in violation of the law.  If your husband's regular payday has passed, he needs to go file a wage claim with the Texas Workforce Commission.


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