What to Do If Your Boss Won’t Give You Your Final Paycheck

Unfortunately, some employers think they can hold your last paycheck hostage or not pay it at all. But they have no legal right to do that!

In New York, you have to be paid by your next regular payday. If your employer fails to provide you with your last paycheck on time, this is a wage violation. If you’re in this situation, you need to contact an employment attorney immediately!

Employers are required to give you a final paycheck for all unpaid wages. It doesn’t matter whether you quit or were fired. Your final paycheck needs to include all of your earned, unpaid wages. The only deductions that can be made are those authorized under New York law, such as taxes, garnishments, and withholdings the employee has authorized in writing. Deductions must be “for the benefit of the employee.” An employer cannot usually deduct money for items such as unreturned keys, unreturned laptops, or other company property. New York specifically prohibits deductions for breakage; fines or penalties for being late or quitting without notice; spoilage; cash shortages; or fines for misconduct.

Employers may be subject to penalties if the final check isn’t correct. Sometimes employers think they can demand that you sign papers before they give you your paycheck, but an employer can’t legally withhold a paycheck, and you should consider contacting a lawyer if you find yourself in that situation.

If you’re unable to get your final paycheck from your employer, you can file a claim with the New York Department of Labor. You can also potentially bring a suit against the owner and/or the company. Consult an employment lawyer if you are in this situation! There are time limitations on filing some employment-related claims, so it’s important to file as soon as possible. If you would like more information or if you need assistance recovering your final paycheck from an employer who doesn’t want to pay up, we can help. Please contact us today to discuss your options!