Legal Question in Employment Law in Michigan

Employer holding last paycheck

I was let go on 3/3/06 and I still have not been given my last paycheck. I have contacted my ex-employer and I have been told that once I come into the main office and sign a separation agreement I will be given my check. I have a copy of this agreement, I have read over it, and I do not want to sign it. I have informed my ex-employer that I will not be signing the agreement, their only response is repeating that I will get my check when I sign the agreement. I have contacted labor relations but they can't help because I was an independent contractor. I would prefer to try to settle this outside of court. What can I do to get the pay I deserve.


Asked on 3/31/06, 11:51 am

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Employer holding last paycheck

The Michigan statutes, at MCLA Section 408.475(2), provide as follows: "An employer shall immediately pay to an employee who has been discharged from employment all wages earned and due, as soon as the amount can with due diligence be determined."

An employer is not allowed to demand that an employee sign a separation agreement before paying the final paycheck. You may file a complaint with the Michigan Department of Labor, which will take action on your behalf at no expense to you.

You should contact an attorney, the Michigan Department of Labor, or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

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Answered on 4/04/06, 10:29 am


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