Can my former employer hold my last paycheck until I come in person and pick it up?
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Can my former employer hold my last paycheck until I come in person and pick it up?
I quit my job at a local business about 3 months ago, maybe almost 4 months, but never received my final paycheck. They company refuses to mail it to me and are making me go to their corporate office, about an hour away from my home to get it. I went to get it today and they refused me because I had to schedule an appointment to get the check from them. Is this legal and if not where can I report this/ what should I do. I don’t want to give in and schedule an appointment to receive money they owe me.
Asked on October 6, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The law allows employers to require that an employee return to pick up their last paycheck in person. There are good reasons for doing this. For example, it sometimes takes time to stop direct deposits so as to make sure tht an accidentlal deposit is not made an employer may wish to terminate direct deposit early and write an employee a physical check. Additionally, many time an exit interview is required and/or final paperwork must be completed by the employee.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, they can: in your state, employers can choose--their choice, not yours--to pay you in one of three approved ways: in person pick-up; certified/registered mail of the check; or direct deposit. The employer can elect to require in-person pick up, and so may hold the check until and unless you come in to get it.
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