Legal Question in Employment Law in Florida
Wages being withheld upon termination
My fiance's last pay check has been witheld because a friend of ours owes the employer money, can the emoloyer do this?
Asked on 5/03/01, 12:05 pm
1 Answer from Attorneys
Richard Groff
Dye, Deitrich, Prather, Petruff & St.Paul
Re: Wages being withheld upon termination
Absolutely not. Such action is at least a breach of her employment contract and a violation of the Fair Labor Standards Act, and could be a crime, even if they are withholding it temporarily. She could have an action for three times the damages if certain conditions are met under florida's civil theft statute, but a specifically worded notice is required before suit. She should consult a local lawyer for assistance. Attorney's fees are awardable under three statutes she has available.
Answered on 6/20/01, 11:54 am