What can I do if my former employer is withholding my last pay check, saying that I have a balance with the daycare that I worked with?

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What can I do if my former employer is withholding my last pay check, saying that I have a balance with the daycare that I worked with?

Can she do that?

Asked on December 30, 2015 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the employer may not do this unless you consented, or agreed to it (which would include if you had signed any agreement, such as when you started working, letting them offset amounts owed by you vs. your pay). Without your consent, they must pay you for all work you did, even if you owe them money; if they don't, you can try contacting the state labor deparatment, to see if they will help you; and/or you could sue the employer for the money, such as in small claims court, acting as your own attorney.
If you do owe your employer money, they way they can get it is by suing you for it--or countersuing you, if you initiate a lawsuit.


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