Is it legal for an employer to withold my final pay check?

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Is it legal for an employer to withold my final pay check?

I was terminated from my job for theft. I am supposed to get my final paycheck on Friday but they said they are holding it to pay restitution. Can they do this?

Asked on January 23, 2019 under Employment Labor Law, Washington

Answers:

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

Answered 2 years ago | Contributor

No, your former employer cannot do this. The fact is that an employee is to be paid for all hours that they work without deductions unless required by law or by the terms of an employment contract or union agreement. If you do in fact need to make restitution, then that is a separate matter, one for which your employer can sue you for. At thi point, you  can file a wage complaint with your state's department of labor or sue in small claims court for allamounts owed to you.

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

Answered 2 years ago | Contributor

No, your former employer cannot do this. The fact is that an employee is to be paid for all hours that they work without deductions unless required by law or by the terms of an employment contract or union agreement. If you do in fact need to make restitution, then that is a separate matter, one for which your employer can sue you for. At thi point, you  can file a wage complaint with your state's department of labor or sue in small claims court for allamounts owed to you.


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