Can I legally pick up my husband’s paycheck if he doesn’t return to his job site?

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Can I legally pick up my husband’s paycheck if he doesn’t return to his job site?

My husband quit his job and is not on good terms with the employer. Can I pick up his last pay check for him?

Asked on August 2, 2016 under Employment Labor Law, New Mexico

Answers:

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

Answered 4 years ago | Contributor

The procedure for payment of final paychecks differs from state-to-state. Generally speaking, an employer can require that a departing employee meet with them. In other words, a "departure meeting" can be required. Further, there may also be documents that need to be signed before a final paycheck can be released.
If your husband's former employer is willing to mail it to him, that may be an acceptable alternative. If not, and he wants you to pick it up for him, then he should contact his ex-employer and ask if he can send you in his place. That having been said, the employer has a right to refuse such a request.


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