Can I sue my employer for not giving me my last pay check?

Asked almost 3 years ago - Tampa, FL

My employer is holding my last check because he paid for an education training course 8 months ago. Now he won't issue me my last pay stub. He made me sign something at the time of the course that stated if I left in less than a year I would pay for the course. Can I sue him for not giving me my last pay check?

Attorney answers (2)

  1. Stuart M. Address

    Pro

    Contributor Level 16

    Answered . Your employer has to issue either a paystub which shows how the money you earned has been applied, along with the taxes or at least a W-2 early next year. However, if you entered into a written agreement that you were responsible for the training course if you left within one year, then you are responsible for the course absent some bad faith by the employer which caused you to leave. Also, you do not say whether the amount owed to you, less taxes (THE NET), is exactly what the training course cost, more or less. If it is less, then you are certainly enttiled to the balance. I would contact a local lawyer to explain the reason for your departure and see if you have any basis to void the agreement you signed or sue him for breach in some way. I would also determine if you owe for the course then whether you are owed anything additional based on the cost of the course and the net amount you would have been due from your last paycheck.

  2. Barry A. Stein

    Pro

    Contributor Level 18

    Answered . You dont have an absolute right to the last check if you also have an agreement to pay for the course. The issue will be is there a reason you can avoid the agreement you signed. The only way to know that for sure is to have an attorney review he agreement that you signed.

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