What are my rights if my former employer is withholding my final paycheck?

UPDATED: Sep 1, 2012

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What are my rights if my former employer is withholding my final paycheck?

I worked as a seasonal employee for 5 months before I was laid off. Now my former employer is withholding my final paycheck until I sign a document stating I was terminated. She would not explain why but I assume it’s because she doesn’t want me to file for unemployment.

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country when an employee is terminated or laid off, the employer is required that day to pay the employee his or her final pay check. The withholding of your final paycheck for five (5) months is in violation of the law. I suggest that you consult with a labor attorney about the situation and/or make a complaint against your former employer with the local department of labor.

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