What is the law regarding getting last paycheck from previous employer?

UPDATED: Oct 1, 2022

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What is the law regarding getting last paycheck from previous employer?

At my previous job, I was given a gift for my hard work and dedication to the company, and now that I am no longer there they want the gift back in order for me to get my last paycheck. Is there any legal thing for me to do in order to keep the gift and get my last check?

Asked on September 14, 2017 under Employment Labor Law, North Carolina


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

Answered 5 years ago | Contributor

I'm not certain what, if any restrictions, were placed on your receiving your gift. So you may or may not be entitled to get it. However, as for your time worked, your employer legally cannot hold your paycheck. For this, you can either go to small claims court and sue your emolyer and/or file a wage complaint with your depaetment of labor. Additionally, you may want to put in a quick call to a local employment law attorney to see what they have to say about the situation.

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