IF I was recently terminated from a sub-contracted position for a cable company, is it legal for them to hold my last 2 paychecks for 90 days?

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IF I was recently terminated from a sub-contracted position for a cable company, is it legal for them to hold my last 2 paychecks for 90 days?

Asked on October 1, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were an employee, then it would not be legal for your employer to withhold your paychecks; employers may never withhold employee pay without employee permission. So if you were the employee of the cable company, or some contractor of the cable company, or a staffing agency, etc., whomeever your employer was must provide your paychecks, and if they do not, you may sue them.

If you were not an employee of anyone but were yourself an independent contractor, it would still not be legal *unless* they can credibly claim that you owe them an amount equal to or greater than the withheld checks, which they are withholding as an offset pending determination of who owes how much to whom. In that case, you can take legal action to force the issue and resolve how much you owe them and they owe you, and get any balance due you.


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