Legal Question in Employment Law in Massachusetts

Withholding Paycheck ??

Hi,

I am planning to quit my current job and take up another one. I want to give 2 weeks' notice. But I have a feeling that my current employer will not pay my last pay check?

Can he legally do that ?

I have not signed any clause which gives him the right to withhold my paycheck.

Acc to the contract i signed , the required notice period was 2 months? Can they, on this basis, with hold my paycheck ?.

Help required at the earliest!.

Thank you.


Asked on 1/16/01, 11:47 am

1 Answer from Attorneys
William McLeod McLeod Law Offices, PC

Re: Withholding Paycheck ??

If you're an at will employee, there is no reason to withhold a paycheck. However, you signed a contract - therefore, you're not an at-will employee. A question on your employment - and your rights and obligations can be answered only by having the contract in front of me. Based on what you said in your posting, you have breached your contract by not giving the requisite notice, but whether they can keep your paycheck depends on the contract document itself, and the terms and conditions of that contract.

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Answered on 2/12/01, 2:53 pm


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