If my employer gave me a personal loan but I since found a better opportunity, can my employer withhold my last paycheck to pay the loan without my consent?

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If my employer gave me a personal loan but I since found a better opportunity, can my employer withhold my last paycheck to pay the loan without my consent?

I have a final paycheck owed to me by an employer and I have not received it yet. Can he take that final paycheck without my consent to cover a personal loan or is the loan a totally separate legal matter?

Asked on September 16, 2019 under Employment Labor Law, Florida

Answers:

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

Answered 1 year ago | Contributor

Without a written agreement signed by you that allows your former employer to deduct from your paycheck for this loan, they had no right to take this money. Your loan repayment and your wages are totally seperate matters. One has nothing to do with the other. You can either sue your ex-employer in small claims court or you can file a wage complaint with your state's department of labor. That having been said, you still owe for the loan.

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

Answered 1 year ago | Contributor

Without a written agreement signed by you that allows your former employer to deduct from your paycheck for this loan, they had no right to take this money. Your loan repayment and your wages are totally seperate matters. One has nothing to do with the other. You can either sue your ex-employer in small claims court or you can file a wage complaint with your state's department of labor. That having been said, you still owe for the loan.


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