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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Default Revocation of Paycheck After Termination

    Recently terminated from my job as a contract laborer in Arizona, I had received my final paycheck even before termination. A few days after termination I received an email from my former employer stating that she wanted to revoke the final paycheck for the same reasons for my termination. The paycheck has already been cashed and she states that if she does not receive the money back to her, she will "stop payment" on the check and it will somehow be credited back to her account, and be taken out of mine. Is this legal or even possible? Hope to hear some opinions.

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

    Default Re: Revokement of paycheck after termination?

    is there some reason that the money was not owed to you? If so, she has every right to take the actions she told you she would.

    If there is no legal reason to reclaim the payment, what she is doing can still happen although you would have legal remedies to recoup the monies. As well, as she could be undertaking a criminal action as well as a civil wrong.

    Depending on how long ago this has happened though, she may not be able to stop payment on the check any longer though.

  3. #3
    Join Date
    Sep 2007
    Posts
    2

    Default Re: Revokement of paycheck after termination?

    It was a paycheck for my final 2 weeks of work. I was terminated basically for slacking off as well as one incident of drinking on the job, and she claims that is a valid reason to take back the money. I cashed the check on Sept 4th, and she is trying to stop payment on the 12th.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Revokement of paycheck after termination?

    Whatever your contract was would give the only true direction on this. If there was a situation where you failed to perform per your contract, she may have a claim on the money.

    Being an independant contractor, you are generally relegated to the court system to fight your battles since the department of labor or whatever Arizona calls theirs deals with employee/employer situations, not contractor situations.

    with the dates involved, she may have difficulty withdrawing the check but I would still not allow my bank account to be in a situation where if it was taken to put you in a negative situation. With the notice she has provided, you could be held to be responsible to mitigate any damages by not spending the money in dispute.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Revocation of Paycheck After Termination

    She cannot fail to pay you for hours actually worked, regardless. If you worked the time, you MUST be paid for it.

    If the final paycheck contained wages for time not actually worked, she can reclaim that.

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