Legal Question in Employment Law in New York

I handed in my resignation with a 4 week notice in new york city. We had an exit meeting and everything was well. I handed in all my paper work due until a week PAST my last day of employment. However, my company is retaining my last paycheck until ALL paper work is handed in, even those due after my resignation. Are they allowed to do this?


Asked on 8/30/10, 2:28 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

No. The straight forward simple answer is that company is violating labor laws if they do not pay you for the time that you worked. Period. I am wondering what this "paper work" is and what it is related to. Go see an employment lawyer to get full and complete advice since it is impossible to tell from your post if you made any arrangements that would alter the basic rule. Then, if the rule still applies, you can contact the NYS Labor Department to intervene on your behalf and you will get your paycheck.

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Answered on 9/04/10, 2:49 pm


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