If I quit without giving notice, can my employer withhold my final paycheck?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I quit without giving notice, can my employer withhold my final paycheck?

Asked on July 13, 2015 under Employment Labor Law, Virginia

Answers:

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

Answered 8 years ago | Contributor

The Fair Labor Standards Act (FLSA) requires that employers pay wages to employees for hours they worked. Under no circumstances can an employer withhold payment of wages; ifthey do they are violating the law and there are legal penalties for this. However, while the FLSA requires that employers pay employees for hours worked, it doesn't require that employers issue a departing employee their final paycheck immediately (but does recommend that it be issued by the next regular payday). This is true whether or not notice was given(not withstanding the foregoing, state law may require that a paycheck be paid immediatley upon resignation).

Absent some sort of agreement to the contrary (i.e. employment contract, union agreement or stated company policy), most employment is what is know as "at will". This means that an employer or an employee has the right to end the working relationship at any time, for any reason, with or without notice. The fact is that the practice of giving a 2 week notice is a courtesy and not a legal requirement.

If your paycheck is withheld you can file a complaint with the US Department of Labor and with your state's labor department. Additionally, you could sue your former employer. To be fully certain of your rights, you should consult directly with a local employment law attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption