Whatto do ifa husband is jailed and his employer refuses to give his final check to his wife?

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Whatto do ifa husband is jailed and his employer refuses to give his final check to his wife?

Wife is 18 years old with 1 year old child.  They will be homeless if she can’t get the check Husband’s employer states that they will give the check only to the husband when he gets out of jail.

Asked on March 11, 2011 under Employment Labor Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is the Husband in a jail that is nearby?  Can she visit him?  Then he needs to execute a Power of attorney form and have it notarized.  Then she can act on his behalf and pick up the paycheck. He can not refuse to give it to her as legally she has the right to receive it.  They Power of attorney can be a general one "for all legal purposes" or it can be a specific one for this task. If there are other things that she will also need to take care of while he is in jail a general one may be the better way to go.  This way she does not have to keep getting another for another task.  Good luck to her.


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