Withheld Final Paycheck?

[pebbleman]

I am a department mgr who was asked by upper management to lay-off a supervisor. I advised them that we need to have a final paycheck ready for this individual on his last day of employment by law. The check was not ready and I was told to release him anyway? The final paycheck did not come in until a week later.
Subsiquently, accounting found out that this employee received a double paycheck by mistake in accounting one month prior. The former employee did not want to return the over-payment and it is my understanding that he doesn't have to.
In any case, I have been directed to withhold his final paycheck because upper management feels the employee owes the company money.

I have documented emails reidderating the fact that the employee must receive a final paycheck on the last day of work and that we legally cannot withhold his final paycheck because of over payment on a previous paycheck. I also have documentation of senior management directing me to withhold his final paycheck.

Am I right here?? I'm being asked to break the law by my employer?

My other concern is that when the company finds out the hard way through claims and possibly law suites, that it is far more expensive than taking care of it the legal way. And that it will somehow come back to me as the "fall guy" and be asked to leave? Do I have any recourse if that were to happen and is there anything I can do to protect myself??


Thank you very much.


Pebbleman

[Bricks41]

If a company is asking you to do something outside of the law, document your objections or where you questioned the company's actions, doing so will protect you in the event of your employer trying to throw you under the bus.