Is it legal for an employer to keep your last 2 paychecks if you quit?

UPDATED: Sep 30, 2022

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Is it legal for an employer to keep your last 2 paychecks if you quit?

The company I was working for constantly changed my pay without notice; it changed my paystub to show I only worked 40 hours or 39 hours and would take away my overtime. When they made me supervisor, I was always working overtime and they would take my overtime and add it as a bonus or put that I only worked 40 hours. The same manager also asked me

as a supervisor to change the hour sheet and lie and say that the employees only worked 40 hours when they worked over and I refused and was demoted slightly after. I also have him on video saying that he is working me over 40 hours and is not going to pay us overtime or past 40 hours but will work us 42 or 43 hours. I refused that as well and quit and was told

he was holding my last 2 paychecks because when I quit I forfeit all my wages and also because I took advances out with him which I never have. What can I do about this?

Asked on April 5, 2016 under Employment Labor Law, Florida


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In this situation, I suggest you contact your local Department of Labor to file a complaint. Florida does not have specific laws regarding the amount of time an employer has to cut your final paycheck. However, federal laws require employers to cut your final paycheck on or before your final payday. SOmeone at the Department of Labor will assist you with your complaint.

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 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.

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