How can employer withhold pay?

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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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