If an employee walks out and doesn’t come back, can their paycheck be held until an exit interview is done?

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If an employee walks out and doesn’t come back, can their paycheck be held until an exit interview is done?

Tomorrow is pay day for the pay period that ended last Saturday. If an employee decides to not come back to work does the employer have the right to hold that pay check until an exit interview is done?

Asked on February 12, 2019 under Employment Labor Law, Wisconsin

Answers:

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

Answered 2 years ago | Contributor

No, your former employer may not legally do this. The fact is that an employee does not have to submit to such an intervie nd/or sign documents to get their final paycheck. If they won't release it to you, you could sue them for the money in small claims court and/or contact your state department of labor and see if they can help. If your employer really wants you to come in, they can offer you an incentive to show up such as severance. They can also mail, fax, or email you any documents that they may want signed. This is all true unless there exists an employment contract or union agreement to the contrary.


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