What should I do if my employer is withholding my final paycheck?

Video Description

Hi, my name is Innessa Huot and I'm an employment attorney.

We get calls pretty frequently from workers that say that they've been fired or they've quit and their employer is withholding their final check. Well, this is a pretty egregious violation of not just the federal law, but also the laws of most states. So under the federal law, you're required to be paid the minimum wage. So obviously not getting paid anything at all is a pretty bad violation of that law.

But now a lot of states have their own laws. Like for example, in New York, you have to be paid your final check on your very next regularly scheduled payday. And if an employer fails to pay you that check on time, then they could be liable for what's called liquidated damages, which are double damages. So for example, if you're owed $100 in your final check and your employer has withheld that check, well then they now owe you $200.

Other states have very similar laws. So for example, California and Illinois have such laws as well.

It's important that you speak with an experienced attorney right away so that you can fully know what your rights are. We deal with these kinds of claims every day. Give us a call and we'd be happy to discuss it with you. Thank you so much for watching.

Author

Innessa M. Huot
Partner at Faruqi & Faruqi, LLP

New York office
Tel: (212) 983-9330
Fax: (212) 983-9331
E-mail: ihuot@faruqilaw.com

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