Legal Question in Business Law in New Jersey

I work at a McDonalds located in New Jersey and we get paid every other Monday. I was on my phone and a manager confronted me and I told him there was an emergency and he Okayed it. Later on I found out that I had gotten written up for being on my phone. Since this Monday 10/11/10 is a holiday, everyone got paid on today, 10/9/10, except for me because I got written up for being on my phone after my manager Okayed it. McDonalds said that they are going to give me my check on Monday knowing that all the banks will be closed. They also don�t offer direct deposit so my whole check will not be available until Wednesday 10/13/10. Is it legal for them to withhold my check?


Asked on 10/09/10, 2:37 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say being a couple days late on a payroll check happens frequently, especially in these trying economic times. You can always complain to your state's labor department, etc., but do you want to jeopardize your job and upset your employer? Think carefully before you act and consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/14/10, 3:09 pm


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