Ca my ex-employer withhold my paycheck because I haven’t returned 4 shirts and the building key card?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Ca my ex-employer withhold my paycheck because I haven’t returned 4 shirts and the building key card?
Asked on March 10, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
When you leave a job (whether you quit or are fired) and still have property that belongs to your employer, you may end up paying for it. Federal law allows an employer to make deductions from a final paycheck for any unreturned property, so long as the deduction does not reduce the employee's pay below the federal minimum wage. Additionally, federal law does not require that an employer give its employees a final paycheck immediately. Therefore, an employer can withhold a final paycheck until an employee returns its property.
That having been said, either making a paycheck deduction or withholding a final paycheck may violate state laws since many have laws that either restrict or prohibit paycheck deductions. Also, most states specify when a final paycheck is due.
Be aware that even if your state prohibits such deductions, your employer is still entitled to its property, so if you don't return it you can be sued in court.
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.