Legal Question in Employment Law in Florida

Employer threatening to withhold final paycheck

Hi,

I have an issue with my past employer. I was terminated from employment on December 21st.

My past employer just sent me an email (Dec. 26th) stating if I did not submit to them some paperwork by the end of the month, they would withhold my final paycheck.

I would like to know if that is legal for them to do so. I've returned my company cellphone and laptop. I don't see where they have grounds to force me to do paperwork after I have been fired.

Thanks for your advice,

Tim


Asked on 12/26/07, 12:36 pm

2 Answers from Attorneys
Andrew Frisch Morgan & Morgan, P.A.

Re: Employer threatening to withhold final paycheck

Under most circumstances, an employer cannot withhold a paycheck for any reason for time that has been worked. Federal and FL law generally prohibits an employer from attaching strings to final payment as you have stated. Your paycheck is due on the regular payday generally and failure to tender such payment when due would be illegal.

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Answered on 12/26/07, 12:54 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Employer threatening to withhold final paycheck

You should sue in small claims court.

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Answered on 12/26/07, 2:21 pm


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