If I quit a few weeks back and my former employer refuses to give me my final check, what can I do?

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If I quit a few weeks back and my former employer refuses to give me my final check, what can I do?

I worked for an insurance company and my employer paid for my training to receive my insurance license. She is now claiming that we made a verbal agreement that if I quit I would owe her the money she spent on my training. I never made this agreement She will not pay me my last check because she said this money is due to her because of this agreement.

Asked on December 6, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have to sue her for the money--that's the only way to get it, if she won't pay it voluntarily. Note that employers may not withhold paychecks, even if the employee legitimately owes them money, unless the employee agrees to the withholding, so you should have an excellent chance of prevailing. On the other hand, an agreement that you would repay the training cost if you quit could be enforceable, so she could try to counterclaim against you for the cost of the training. Oral agreements can be difficult to prove or enforce, so it's certainly not guarantied that she'd win; but you need to factor in that you could face a countersuit into whether or not to take legal action.


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