How to get paid my final paycheck?

UPDATED: Oct 1, 2022

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How to get paid my final paycheck?

My husband’s boss refuses to give him his final check due to a powercord being damaged 5 months ago. He says that an agreement my husband signed when he started working there states that if any damages are done on the job, then he has to pay for them. We do not have a copy and my husband’s English is not good at all. We requested a copy and were told to have a lawyer send a request in writing. Could the

Asked on February 7, 2018 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you believe that the employer is wrongly withholding pay, you can sue for it, such as in small claims court as your own attorney or pro se. That is the fastest, most cost-effective way to get your money.
Note that if was an agreement like you describe, it is enforceable against your husband and he may have to pay for those damages, such as out of his paycheck. The fact that your husband does not read English well is not grounds to void the contract: the law presumes that you understood and agreed to what you signed, and if your husband did not understand it, he should have brought a copy to someone who could translate for him before signing. It is also not grounds to void the contract that he was not offered a copy, though if your employer tries to defend against your lawsuit for the paycheck on this basis (that your husband agreed to pay for the damage), they will have to produce the contract in court to prove its terms and existence. Note that even if he agreed in writing to pay for damages, they can only get the cost of the damaged powercord: for example,  if the final check is $700 and the damaged cord costs $80, they can only get $80 back from your husband and owe him the other $620.00.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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