Legal Question in Employment Law in Pennsylvania

Withholding of paycheck

I worked at a law office and I decided to terminate my employment with the law office. I received a letter from my ex-employer stating that he wants me to pay for a stenographer's bill which he and his client did not pay. He feels that I should pay this invoice because I mistakenly entered on the Distribution Schedule the wrong stenographer's name and the stenographer that the check was written out to mistakenly refuses to return the check and said it applied it to past due invoices that my ex-employer and his clients refused to pay him in the past. Because I mistakenly wrote the wrong stenographer on the Distribution Schedule and since the stenographer that the check was mistakenly written out to refuses to return the check, he is demanding I pay for the invoice in the amount of $182.00. He wants to take that amount out of my last paycheck that I should be receiving from him. He is holding my check until I get in contact with him to discuss this matter. Am I responsible for a stenographer's invoice which he and his client should have paid?


Asked on 1/24/06, 10:24 pm

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Withholding of paycheck

I think your former employer is a little confused about PA labor law.

First of all, your former employer is required, by PA law, to give you your last paycheck on the next regularly scheduled pay date.

Secondly, it is a violation of PA's wage payment law for him to deduct the amount of the stenographers invoice from your check without your written approval.

With regards to your liability for the stenographers bill, his recourse lies with the stenographer that is keeping the check and not you.

I would return his call and let him know that if he retains your check past the appropriate pay date or if he deducts from it you will be filing a complaint with the PA DOL.

Regards.

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Answered on 1/24/06, 10:43 pm


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