If I was recently fired, is it legal for my ex-boss to withhold my final check for any reason?

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Home » Ask a Lawyer » If I was recently fired, is it legal for my ex-boss to withhold my final check for any reason?

If I was recently fired, is it legal for my ex-boss to withhold my final check for any reason?

Asked on November 30, 2011 under Employment Labor Law, Wisconsin

Answers:

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

Answered 12 years ago | Contributor

As per WI law, when an employee is fired, the employer must give a final paycheck to them within 72 hours. There are no circumstances under which an employer can totally withhold a final paycheck; they are typically required to issue a check containing compensation for all earned, unpaid wages, as well as for any fringe benefits that are calculable at the time of separation.
 
If an employee is unable to obtain their final paycheck, they can file a complaint Form with the WI Department of Workforce Development within 2 years of the date on which the wages were earned.
 
Note: An employer can only make deductions from an employee’s final paycheck that the employee has authorized specifically in writing or that are required under federal or state law, such as taxes or garnishments. Deductions by an employer for loss, theft, and/or faulty workmanship on the part of the employee may only be made after specific legal procedures.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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