In what case can an employer keep a paycheck?

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In what case can an employer keep a paycheck?

My fiance was fired from his job for seeking other/more employment. They told him that he

couldn’t have his check unless he returned the shirts. I went to return them and they gave me a paper that pretty much said he quit and to get his check he had to sign it. Is this legal?

Asked on November 29, 2016 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not legal, and your fiance may wish to contact the state or federal department of labor to file a complaint, and/or to sue for his pay. An employee must be paid for all work he did including his final paycheck--period. The employer cannot require him to sign a document stating that he quit or resigned (and he should *not* sign it: if he does, he make himself ineligible for unemployment, since you can't get unemployment if you voluntarily leave work); and if they think he owes them shirts, they are free to sue him for the value of the shirts, but *still* must pay him.


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