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  1. #1

    Default Can an Employer Withhold Your Last Paycheck

    My question involves labor and employment law for the state of: Florida

    I have a question. My boyfriend was fired from his job 13 days ago. His second to last paycheck should have been given to him 2 Fridays ago, and his last check (for an incomplete 2 weeks) should be given to him this Friday (in four days). My issue is that they have been withholding all of these checks stating that there were things that had to be replaced from his negligence (which is not true) and they are withholding the money until they can deduct that from his checks. Is that legal? Is there a time frame that they HAVE to give him his wages? We have also accrued overdraft fees and reconnect charges because he didn't get paid. Can this be sued for in small claims court?

    I appreciate whomever answers this!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Last Paycheck

    We have also accrued overdraft fees and reconnect charges because he didn't get paid.
    You are expected to not write checks if you don't have the money in the account. Any bad checks are your own fault.

    the problem with Florida is they do not have a state department of labor. Due to that, you have the choice of filing with the federal DOL or just sue in small claims court for what he is owed.

  3. #3

    Default Re: Last Paycheck

    Checks were never written, but there were one or two automatic withdraws with bills that came out. There are also two reconnection fees that will have to be paid because the money that we were depending on, is not there.

    Is it possible to include the reconnect fees and/or the overdraft fees in the suit?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Last Paycheck

    You can include them. There is no guarantee that you will get them.

    FYI Florida is one of the few states that does not have a specific date by which the final paycheck has to be released.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Last Paycheck

    Quote Quoting aimeethornley
    View Post
    My issue is that they have been withholding all of these checks stating that there were things that had to be replaced from his negligence (which is not true) and they are withholding the money until they can deduct that from his checks. Is that legal?
    Did he ever sign anything with his employer authorizing deductions for damages he caused? (No matter what he signed, though, they should not deduct amounts such that he is paid less than minimum wage). It is reasonable to infer that he is alleged to have caused some pretty serious damage to his employer's property, and was fired for causing that damage; you haven't shared with us any facts, just a bare denial that he caused whatever damage is alleged.
    Quote Quoting aimeethornley
    Is it possible to include the reconnect fees and/or the overdraft fees in the suit?
    You can ask for whatever you want in your lawsuit. But, whether we're talking automatic payments or checks, you're responsible to make sure that you have sufficient funds in your account to cover your checks and scheduled payments.

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