Can my employer withhold money from my last paycheck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer withhold money from my last paycheck?
My employer has witheld money from my last paycheck by citing that it is company policy to not take vacation in last days (I took 4 last days). Where as the employer asked me help the client and to do whatever the client needed. There was enormous pressure from client to not take vacation in last few months as there was critical work to be done. Therefore, when I resigned I took vacation in last days after finishing that critical work and she has witheld my salary for those days. Is it legal and what should I do?
Asked on August 11, 2010 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Your employer cannot just take the money out of your paycheck (at least not without your permission). VA makes it a crime to withhold all or a portion of a former employee's rightfully earned paycheck.
This is true unless the terms of your employment say that it can. For example, if there was a stated company policy or an employment/union contract that provided for this. Also, if some form of discrimination were present.
Contact your local Department of Labor if you do not receive your full paycheck.
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.