Is my boss allowed to hold my paycheck if I didn’t answer my phone?

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Is my boss allowed to hold my paycheck if I didn’t answer my phone?

I have Tuesday and Wednesday off. On Tuesday 2 people quit and walked out. They called me to go in on Wednesday. I do not currently have a phone so they were calling my mother’s phone and they called at least 10 times. Well on Friday I was supposed to get my check.I went to the bank and it wasn’t there. Now I won’t be able to get my check until Tuesday, all because I didn’t call them back. Are they allowed to do that? What should I do?

Asked on August 12, 2011 Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, I do not believe that there is a basis here for with holding a paycheck.  In fact, there are very few instances where an employer can with hold a paycheck from an employee.  Say the employer thought the employee stole money.  They could not deduct it even from their check without more than a supposition. The law would require that they go about collecting monies owed in a different manner such as suing them for it.  What you should do is to call your employer and advise them that there is a problem and that your check was not in the bank as it was supposed to be.  That you hope this was a clerical error. See how they react.  If they state that it was just an oversight then really there is nothing you can do.  If they state otherwise then you can file a complaint with the department of labor.  Good luck.


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