What can I do about an ex-employer not paying me my last check?

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What can I do about an ex-employer not paying me my last check?

Asked on October 30, 2015 under Employment Labor Law, South Carolina

Answers:

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

Answered 8 years ago | Contributor

An employer may not withhold an employee's wages except: as required by law (i.e. FICA, back child support, etc.) or with the employee's consent (this is true even if the employee owes the employer money; the employer would have to sue the employee to collect any money owed). If your former employer will not pay you, you can sue in small claims court (you act as your own attorney so you save on legal fees). Further you can also file a complaint with your state's department of labor.


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 AttorneyPages.com 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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