Legal Question in Business Law in New Jersey
Withholding last paycheck and expense check
My employer is withholding my last paycheck and expense check. I resigned from the company with proper notice and in good standing. Can they legally do this or do I have a right to demand my checks?
4 Answers from Attorneys
Re: Withholding last paycheck and expense check
I recommend you speak with Attorney Susan Ferraro, 768 Broadway, Bayonne, NJ 07002
Tel: (201) 437-7300
Re: Withholding last paycheck and expense check
It is generally not proper to hold a last paycheck. However, what is the reason for witholding the check? We need more information regarding the background of the situation. Michael Carroll 609-601-9500
Re: Withholding last paycheck and expense check
You have good advice from the other attorneys who answered your question. I can add the following:
By statute (NJSA 34:11-59) the New Jersey Department of Labor provides a forum for collection of such claims. If the situation is still unresolved, you or your attorney might call the Division of Wage and Hour compliance at 973-648-2730 to find out how to file a claim against your employer.
Re: Withholding last paycheck and expense check
Unless they have some good cause to hold your check, they have to pay you immediately.
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