What if a company is withholding your last paycheck?

On Behalf of | Jun 14, 2022 | Wage And Hour Claims

You’re tired of your job and you don’t like the way your boss treats you, so one day you just decide to quit. You could provide a two-week notice, but it’s not required under the law, so you simply tell your boss you’re done and will not be back.

Your boss is less than happy about this decision. They now have one less person on staff and no time to train a new employee.

Many bosses will take such action as simply a probable part of the business operation. However, others may choose to seek revenge – an employee disrespectfully placed the company in an awkward position so they will not receive their final paycheck for hours previously worked.

But is this legal? 

You are still owed that final check

No. First and foremost, there is never a situation in which a business can tell you that they’re not going to pay you for hours that you’ve already worked. It is illegal to do so, regardless of your failure to provide a two-week notice.

Further, under New York law, your boss must pay you in a timely manner. The law states that you are entitled to your final check on the regular payday. To avoid any confrontation, you can even ask your former employer to mail you the final check and they must comply. If your boss does not pay you in a timely manner, or at all, this is considered a form of wage theft.

Fortunately, if this occurs, legal advocates are out there who can protect and assert your rights under the law.

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