Legal Question in Employment Law in Alabama

Is it legal to withhold a person's paycheck because the supervisor made an error

after working almost 3 weeks (paid every 2 weeks) my daughter was expecting her 1st paycheck from a retail org. Everyone else received their check, but no paycheck for my daughter. She was told that her supervisor had failed to sign on the I9 report that she verified her 2 IDs. When I contacted the home office of the retail chain, I was told my daughter should have her supervisor correct the I9, but that a check could not be cut for her. She would have to wait until the next payroll was run....2 more additional weeks, which means a month would be gone by before she receives a paycheck. Is this legal to withhold a paycheck over an I9 form? Is this legal to make her wait another paycheck before paying her?


Asked on 7/22/03, 9:05 pm

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Is it legal to withhold a person's paycheck because the supervisor made an e

No. It is not legal. Technically, it is a violation of the Fair Labor Standards Act. However, I wouldn't recommend a lawsuit unless they actually fail to pay. It is not your daughter's responsibility to get the I-9 done properly. That is their responsibility. Their failure does not give them the right to withhold a paycheck. If they delay again though, I would recommend a lawsuit - provided your daughter makes less than twice minimum wage - which is all she is entitled to recover. Good luck and if you have any questions, please do not hesitate to call me at 205-458-1100.

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Answered on 7/23/03, 10:37 am


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