Final paycheck withheld...must cause be given?

This is a discussion on Final paycheck withheld...must cause be given? within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; Approximately a month ago a friend was terminated and he has never received his final paycheck (one full time week ...

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Old Jun 23rd, 2009, 01:52 PM   #1
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Question Final paycheck withheld...must cause be given?

Approximately a month ago a friend was terminated and he has never received his final paycheck (one full time week plus a significant amount of unused leave - our state requires it be paid by or on the next regular pay date, the company states the unused leave is to be paid on termination). More importantly, he has also received no documentation or paystub to show the cause for the withholding. The human resources and management people at the company are not returning his calls or other communications in his attempts to find out what has happened to his pay.

I feel the company is clearly in the wrong here, but my question is more a case of how wrong? Withholding without notice is ok if documentation for why is provided? Or is it wrong all the way around to have withheld it without notice?
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Old Jun 23rd, 2009, 02:11 PM   #2
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Default Re: Final paycheck withheld...must cause be given?

Hello. I am sorry for your friend, but it is kind of you to be concerned. Yes, the company is clearly wrong here. In every state, there are laws governing both the timely payment of final paychecks as well as deductions and withholding statement. The only way to resolve the matter is for your friend to file a claim with the state labor and employment office (actual name varies by each state) -- pronto. Hope all works out. AJJ
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