How long can an employer hold a final paycheck?

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How long can an employer hold a final paycheck?

I quit without notice; now they won’t pay me. They say that they have to wait on some lady to check my log sheets and paperwork. Can they do that?

Asked on March 17, 2011 under Employment Labor Law, Mississippi

Answers:

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

Answered 11 years ago | Contributor

Unfortunately, they probably can.  While virtually other state has a statute governing the payment of a final paycheck, MS does not. Accordingly, if an employee is unable to obtain their final paycheck from a former employer, the MS Department of Employment Security suggests that the employee contact the U.S. Department of Labor and/or retain an employment law attorney.  As a practical matter why don't you wait until the next scheduled pay period to get your check.  If you do not receive it by then, inform your former employer that you will seek your lawful recourse if necessary.  That might just get them moving.  If not, then do as indicated above (i.e. contact the Labor Dept. or legal counsel).

Note:  If you have a union/employment contract or there is company policy governing the payment of final paychecks and your former employer's actions run contrary to such policy, then you have a legal claim.  Again, speak with a lawyer as to your rights.


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