How can employer withhold pay?

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How can employer withhold pay?

A 20 year old college student worked 2-3 weeks for a company. She did a good job and earned bonuses, however she quit when she decided to start back to college with her friends rather than postpone going back as she thought she would. Her last day worked was 2 1/2 months ago yet she still has not received any paycheck. When she inquires about it, she is told that they had mailed it but that it came back. She still hasn’t received it. It would be over $1000.

Asked on June 24, 2018 under Employment Labor Law, Florida

Answers:

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

Answered 3 years ago | Contributor

No, a former employer cannot withold a final paycheck (or any pay). Since your daughter should have received this pay now under state law, she can either sue her ex-employer in small claims court (and recive reimbursement ofr all related court costs, etc. if she wins) or file a wage complaint with her state's department of labor.


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