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Can an employer legally hold my last payroll, and money withdrawn from my payroll check?

The last company that I was employed with terminated me on June 6th 2007. I have yet to recieve my last check. They also owe me $5500 for money that was taken out of my payroll. The local police department has told me to contact the Department of Labor, and have yet to hear back from them. Is there anything that I can do in the meantime to get money owed to me?

Public Comments

  1. They owe you $5500 that was taken out of your payroll plus you last check? That's an awful lot of money.
  2. Go open a can of Whoop Butt on them. P
  3. Not particularly, you'll have to let the time lapse and the Labor Department get back to you. You could possibly call them and speak with them if they're willing.
  4. Why was the money taken out of your pay? If it was for any kind of taxes, you will not get any of it back until you file a return at the end of the year. Contact your local State representative and and let him/her ask the labor department what is going on.
  5. Depends on your labor laws for your state. You can google your state's labor laws and check and see. Also, you should look in your employee handbook, if you were given one, on their rules and consequences should someone be terminated from the company. If your past company has a human resource person, they could answer that for you as well. I worked for a couple of major companies, and in their handbook they stated that they had the right to withhold any monies from you that they saw fit according to the termination and or abandonement of a position. Just a few thoughts. Definately ride the dept. of labor hard to help answer your questions. I live in GA and their dept. of labor laws and such is on the internet. May be the same thing for you!
  6. Most of this is going to be subject to state and local laws. If you are terminated, an employer has a certain amount of time to get you your final check. (For example, an employer has 6 days in Texas but must provide it on the spot in Colorado) Generally, an employer can deduct money from your final check if you fail to return uniforms, ID badges, or similar items that are property of the employer. I'm not sure what you mean by money withdrawn from your payroll check. Taxes are required to be withheld and you don't get those back from the employer---you have to file a tax return in the spring to determine if you should receive a tax refund. I found a couple of links to specific state information. I would contact the HR department of your last company and insist on receiving your final paycheck. Make sure they have the correct address for you. Take notes about who you spoke to, the time, and any relevant information.
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