Legal Question in Employment Law in Alabama
Hold on paycheck for letter of resignation
My boss is resigning her school job as of May 23. Our employer knew this and
she was told on payday, April 15, that her paycheck would not be given to her
until she gave them a signed letter of resignation. Had they not known that she
was planning on resigning, they would not have done this. Can an employer do
that to an employee, just because they know the resignation is going to happen?
1 Answer from Attorneys
Re: Hold on paycheck for letter of resignation
Under Federal law there can be no hold kept on paychecks, except possibly for employee theft or embezzlement. It is a violation of the FLSA and can result in double damages and attorney fees. However, a lawsuit could delay payment much further - out to several months. It thus may not be worth it economically to pursue, but if you would like to discuss the matter, it is an area of the law that I am familiar with and have handled a few similar such cases. Please call me at 205-458-1100. I would be more than happy just to talk.
Sterling L. DeRamus
Attorney at Law
2015 First Avenue North
Birmingham, Alabama 35203
205-458-1100
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