Can my former employer withhold my final paycheck to offset some of what I owe on a relocation package?

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Can my former employer withhold my final paycheck to offset some of what I owe on a relocation package?

I’ve asked to receive my last check and to setup monthly payments to repay the portion of relocation but they will not discuss it.

Asked on June 24, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, an employer may only withhold an employee's pay:

1) for FICA and other mandatory withholding;

2) as per a court order (such as wage garnishment for child support or unpaid taxes); or

3) with the employee's agreement or consent.

Apart from the above, an employer may not withhold pay, even if the employee owes it money. The employer must pay the salary/wages, but can sue the employee if the employee does not pay what he/she owes.


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