Legal Question in Employment Law in Alabama

Holding Final Paycheck
Under what legal circumstances does a county goverment have t to hold a final paycheck of an employee that quits without a notice? Case in point: Keys to van, along with tools, and uniforms were turned in along with a letter of resignation. Immediate supervisor affirmed receipt of such material from phone conversation. Check being held by upper supervisor according to immediate supervisor.
Thank you, please advise.

Asked on 8/04/06, 5:26 pm

1 Answer from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

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Re: Holding Final Paycheck

Unless you are guilty of embezzlement from them, they cannot withhold your last paycheck. That would be a violation of the FLSA because they are not paying you minimum wage. Courts have held that as little as 10 days withholding is a violation of that law. It does not matter whether they like you or not. Whether you have stuff of theirs or not. They cannot withhold the paycheck without serious consequences. If they persist, call the Department of Labor. If they still persist, get a lawyer in your neck of the woods and sue them. Attorney fees are mandatory and I do not know of a defense - even for a county.

Sterling L. DeRamus

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Answered on 8/07/06, 7:18 pm

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