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Home > Careers & Employment > Law & Legal > Is it legal for an employer to withhold a paycheck from an employee without any reasonable justification?

Is it legal for an employer to withhold a paycheck from an employee without any reasonable justification?

Category: Law & Legal

rae-rae4rae-rae4


My husband has worked for the same company and person for 25 years and a few weeks ago he was late turning in his paperwork (he is otr truck driver) like usual, this is nothing out of the ordinary with him but has never been a problem before. Anyway, his boss knew it would be turned in (it always is) she refused to issue him his check and to this day refuses to give it to him....when confronted with it she flat out said no your not getting a check even though all the other employees received their pay that week. we asked the bookkeeper why she didnt write out a check for my husband she simply said, "She cant afford to pay you!" Besides it being morally wrong (we do have 5 kids at home and live from paycheck to paycheck) Isn't illegal or against Arkansas labor board laws to withhold a check after services were rendered?

michr
michr

Lets be clear.... if he is an employee his paycheck can NOT be held for ANY reason....

it does not matter why they held the check it is NOT legal.....

the employer may discipline him for failing to follow policy but they must pay him as mandated by the pay-day laws of your state...... Arkansas mandates that non-exempt employees must be paid at least semi-monthly.....

http://www.arkansas.gov/labor/pdf/laws_r¦

so is he an employee or an independent contractor?

if he is NOT an employee he will have to deal with this through the legal system in most situations this would be handled in small claims court.

1099 contractors can file for payment in small claims court as long as the amount owed does not exceed $5000.00..........

if he is an employee he needs to ask for his pay-check immediately and if it is not received he can file a complaint with the state.......

to file a wage claim in Arkansas see:

http://www.arkansas.gov/labor/pdf/05-10_¦

in the future he needs to follow all policies and procedures or he could be disciplined, up to termination, for failing to follow procedures BUT he must be paid regardless.

KMcG
KMcG

Contact the labor board for your state, they might have delayed the check because of his turning paperwork late (most companies would follow such a policy).but they must pay him for work that he's done.

Smiling
Smiling

If it has pasted the next pay day then you can call the Arkansas Wage & Hour Board. If it hasn't, he should receive his pay check with the next pay check. That's what's allowed in most states when the employee is responsible for getting their pay information turned in and they don't.

If your husband is a 1099-contractor, you have no recourse except small claims court, if he doesn't get paid.

jobbend
jobbend

If your husband is an employee of the company, and he turned paperwork in late - the company would be hard pressed to pay him on time. But that doesn't absolve them from paying him.

If your husband is a contractor (1099 - takes care of his own taxes, provides his own equipment...) then it would be the contract that he works with that would oversee how/when he gets paid.

You should contact the AR labor board and get clarification on your rights and responsibilities so you can present a compelling case to the employer.

And by the way, just because someone does something for 25 years doesn't make it or the process right. If he is consistently unable to complete his work which includes paperwork then there is something broken in the system.

wg0z
wg0z

A paycheck may NEVER be withheld without due cause. Contact the state.


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