Under what circumstances can an employer withhold your last paycheck?

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Under what circumstances can an employer withhold your last paycheck?

My friend recently she got a job working for a fast food chain but prior to that she had a summer job. Since she’s had this job she’s had problems with her coworkers and it just isn’t a good environment to work in because she’s undermined and treated poorly there. She wants to quick her previous job so she can just work at her new job but her boss from the previous job is threatening to keep her paychecks for 2 weeks if she quits. Is that legal to do?

Asked on September 9, 2012 under Employment Labor Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country the general rule is that if an employee is terminated from work, the employer is required to give the employee his or her final pay check upon termination.

If the employee quits on his or her own volition, the employer has three (3) days to send the employee his or her final pay check. The threats against your friend as to holding back pay checks for two weeks post quiting is in violation of the law.


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