What can I do to obtain paychecks that my former employer is holding?

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What can I do to obtain paychecks that my former employer is holding?

My former employer is with holding my paycheck from last week and for next week; this is due to a financial agreement I had signed with them. No where in the agreement does it say that they will with hold my paychecks and I feel the agreement is null and void because they did not live up to there end of the deal.

Asked on February 13, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Even if an employee owes an employer money for some reason (a loan; to pay back training costs; because the employee broke or lost something; etc.), the employer may not withhold paychecks unless the employee agrees to allow that. Otherwise, the employer's recourse is to sue the employee for the money he or she owes; and/or to fire an employee who it believes has caused it a loss.

2) If there was a contract  or agreement and the employer materially breached (violated in some significant way) its obligations, that may provide a basis for you to terminate the agreement and escape your obligations (e.g. to pay).

3) If the employer persists in wrongfully withholding paychecks, the way to obtain them is to sue the employer.  You may wish to consider suing in small claims court, where the fees are low and you could act as your own attorney.


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