Legal Question in Employment Law in North Carolina

deducting and not repaying immediately of earned pay

I received my payroll check by direct deposit on 12/30 and resigned on 1/03. On 1/6 my entire check was debited back out of my account. After speaking with my previous employer, I was overpaid for one week which would amount to only $250. I am owed over $1300, and my employer states they are waiting on the deposit back to their bank before cutting me a check. I feel they should not be able to hold my money that I earned for this long! This seems to me illegal in that I have not been paid for the time I worked and the commission I earned! Is this legal and what can be done? Are they allowed to hold my money?

Asked on 1/10/06, 10:28 pm

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

Re: deducting and not repaying immediately of earned pay

Based upon the limited facts you have provided, it seems that your employer may have violated the Wage and Hour Law. The answer depends upon what your pay agreement was with your employer, and when your next regularly scheduled payday was after your resignation for both wages and commissions. You should consult with a qualified attorney for specific advice. General information can be found with the NC Department of Labor at

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Answered on 1/11/06, 12:07 am

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