Legal Question in Employment Law in Alabama
employer with holding a pay check
my direct deposit was stopped by the personel director, who informed me she was holding my pay check
until i came in for an Exit interview.
my employment has ended due to cutbacks.
i still have sic time to be payed for and 1 months severance pay which i have been told by same director
was to be payed out in regular 2week pay period checks.
is that legal with out a court order ?
can they hold my already earned income for ransom like that ?
1 Answer from Attorneys
Re: employer with holding a pay check
Absolutely not. They cannot withhold your paycheck in the least. If they do, it is a violation of federal law, the FLSA. I would not threaten them with that depending on your rate of pay. Under the FLSA you are entitled to double your damages over minimum wage which is $5.15/hour, which means you are entitled to $10.30/hour. Thus if you make less than $10.30/hour, I would suggest telling them a few times that you simply want your check. If you don't get it in another two weeks, file a lawsuit. If you are anywhere near the greater Birmingham area (including Montgomery), I'd be happy to help you. Please call me at 205-458-1100 and I'd be happy to answer any questions you have at no charge.
Sterling L. DeRamus
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