What to do if you are not being paid your agreed upon wage after you have worked?

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What to do if you are not being paid your agreed upon wage after you have worked?

The temp agency I was contracted through is holding my paycheck until I sign a waiver. I can only come at the end of the week to collect and sign. They also said that I would not be getting paid the wage that I left the agency with. I gave a weeks verbal notice. Can they do this?

Asked on September 29, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, if you did the work, you have to be paid for that work, according to the terms and conditions (e.g.  the wage) then in place (i.e. in place when you worked). Your employer may not change what you are paid, or withhold payment until you sign a release--you must be paid what you earned regardless.

What they can do is offer you additional payment--e.g. some severance or bonus--if you agree to sign a waiver or release; then you have the choice whether to sign and get the extra money or not.

Or if in advance, you knew and had agreed that if you left employment under certain conditions or within a certain time frame, you would not be paid the full amount, that would possibly be legal, owing to the prior mutual agreement. But without prior mutual agreement, it's not legal; they cannot change the terms under whichy you worked after the fact.


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