Legal Question in Employment Law in New York

Witheld Pay

I left my employer of 2+yrs. abruptly. I had signed no agreement or contract of any kind stating I should give proper notice before leaving. I called to collect my last paycheck and my employer told me that because of me leaving unprofessionally, they will not cut a check. In fact, they said since I lost them money, they are willing to file suit against me. I was a graphic designer, one of a staff of six there.

I filed a small claims suit against them. Is there any reason for me to be scared?


Asked on 11/15/01, 2:31 pm

1 Answer from Attorneys
Joseph Heppt The Law Offices of Joseph M. Heppt

Re: Witheld Pay

No, based on the facts you've described, you shouldn't worry about a suit by the company. Under New York law, you were what is referred to as an "employee at will." What that means is that either you or your employer can terminate your employment at any time, for any reason or no reason at all as long as there is no discrimination involved. There is no requirment that an employee give any notice and your employer certainly has no right to withhold wages that you've earned. I think you should be in pretty good shape in your small claims court action. You might want to look at New York Labor Law, section 191(3) and section 193. Good luck.

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Answered on 11/15/01, 3:33 pm


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