can my company i work for legally withhold my paycheck if i haven't signed a paper they sent out 2 weeks ago to sign stating i wont work for another harley davidson manufacturing company when my employment is terminated or i leave there. i have been there 4 years come sept.they tried to hold my check july 3rd i told them i wanted an attorny to go over them w/me.i never have had the time and if i dont sign them tomorrow they said i wont get my check.is that legal? [email protected]
1 Answer from Attorneys
It is unlawful for an employer to withhold a paycheck which has been earned in order to coerce you to sign a non-compete agreement. They can fire you for not signing, but not withhold a pay check.
Whether the non-compete agreement is valid is a different question, and one that would require a close examination of the document and the law to determine. Given the wide area between dealers, I am doubtful that a valid non-compete could be crafted, but would have to see it to be certain.