Legal Question in Employment Law in Massachusetts
holding back paycheck
Are we within our rights to hold back final paychecks from a fired employee until they return company property which totals more value than the checks? He has said we can send someone to pick it up.
2 Answers from Attorneys
Re: holding back paycheck
Surprisingly, no. The attorney general's office has said that this kind of "self help" is impermissible and violates the payment of wages statute, chapter 149, section 148.
Evan
Re: holding back paycheck
No. Never. You should make payment immediately. Your failure to do so will make you liable for three times the amount of wages owed, plus court costs and attorneys fees.
I normally represent employees in these situations, but please feel free to contact me if you would like the assistance of counsel in this matter.
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