Legal Question in Employment Law in Florida

Withholding of final paycheck

My wife has quit her job as a file clerk at a home health care agency. She was forced to sign a non-compete agreement after she had been employed for a while. Now they say that she must sign, and get notarized a note stating that she will not work for another home health care facility for Two years. Her new job is with another home health care agency as a file clerk. This job offers health care and other benefits that her previous job didnt. She just wants to get her final paycheck for the last week she was employed. Is she entitled to her final paycheck with out signing this form. Can we just show up on payday with a police officer and demand our final paycheck?


Asked on 7/11/02, 2:30 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Withholding of final paycheck

Your wife is entitled to her final paycheck regardless of whether she executes any agreement, but you cannot show up with a police officer & demand payment. Rather, if they refuse to pay her, you file a civil action for earned but unpaid wages, which in Florida has an entitlement to attorneys' fees along with it.

If I can be of further assistance, please contact me at (305) 810-2887.

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Answered on 7/11/02, 8:36 pm


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