does an employer have the right to withhold a last check?
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does an employer have the right to withhold a last check?
left as salon mgr. and former boss wants client color files. did not sign any thing saying that files belong to the salon. says will not give last check until files are turned over
Asked on July 20, 2016 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) No, an employer may not withhold an employee's check, even the last check, even if the employer believes the employee owes them something. Employees must be paid for all work done. If you are not paid, you could sue for the money (e.g. in small claims court).
2) HOWEVER, they are right in that the files belong to them: anything you do or create as an employee, in the course of employment or for your employer, belongs to the employer. They could sue you for the return of the files if they wanted.
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