Legal Question in Employment Law in New Jersey

can an employer with hold $ on a paycheck? it was my last paycheck as i was terminated for no base reason.


Asked on 1/31/11, 5:47 pm

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. As a general rule, NO. An employer may not withhold a last paycheck, irrespective of the reason (or lack there of) for the termination. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. You may wish to contact your state's Division Wage & Hour... usually in the Dept. of Labor.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 2/02/11, 6:26 pm


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