QUESTION

Can our employer withhold a paycheck for any reason?

Asked on Jan 03rd, 2014 on Labor and Employment - Massachusetts
More details to this question:
I have a friend who I worked with. He recently quit after not being able to deal with the work environment in which we were in, many things went on in the work environment which are definitely not legal. Upon quitting he did break one of the trash cans at work and now they are withholding his paycheck because of this. can they withhold his check for this or must they seek restitution in another way?
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
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Most states prohibit withholding a paycheck for time actually worked without the employee having agreed to this in writing at some point during the employment.  Refusing to give the paycheck to the employee without any prior written consent would therefore violated numerous laws.  The employer would have to pursue any claim for damages for the trash can through court action.  I cannot tell you what Massachusetts law is on this point, but this would be illegal under the law of most states.
Answered on Jan 03rd, 2014 at 3:25 PM

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