If I’m fired shouldn’t I get my paycheck?
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If I’m fired shouldn’t I get my paycheck?
Asked on July 21, 2015 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You gave no specific details as to your situation. However if, for example, your check is being withheld due to a shortage of some kind, that is not permitted. If an employer has the right to be compensated for a shortfall, it must pay the employee their paycheck and then have the employee pay the amount in question back over to them (unless the employee agrees in writing to a paycheck deduction in writing). In a case where an employee refuses to pay, the employer can sue for the money.
The fact is that final paychecks have to be paid within a certain period of time after an employee leaves, either voluntarily or involuntarily. Since your paycheck is being illegally withheld, you should file a complaint with the department of labor in your state.
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