Legal Question in Employment Law in New York

Re: Stop Payment on Payroll Check

NY law says employer can fire you generally, for almost any reason, with or without notice -- unless you have a written agreement or are covered by union agreement. Exceptions for race, etc. based firings.

However, the law is real clear that you are entitled to be paid for time worked. If the check is not given within five days after the end of the pay period, employer is in violation of NY Labor Law, which by statute provides for punitive damages and attorney fees.

Sounds like a pretty easy case, unless the employer can say you breached some agreement to give him X amount of notice. But if such an agreement were verbal, a court probably wouldn't consider it a valid defense.

If it's under 3,000, use the local Justice Court. Sounds like a case which a local attorney would be willing to take.

Re: Stop Payment on Payroll Check

Your employer may not withold pay due you. Your first step is to lodge a complaint with the NYS Department of Labor office in your area. They should handle the matter for you. You may also file a claim in small claims court if the amount sought is under $3,000.