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I just want to know if my previous employer can withhold my last paycheck because of a personal debt issue outside of the job

Orlando, FL |

m I had a personal business deal outside of my place of employment and in conclusion of this business I was in debt to my boss because of something he purchased from my personal business in which had absolutely nothing to do with my job but he wont it as an employee advance on my last paycheck and docked that amount

Attorney Answers 2


He absolutely cannot.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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Robert Harold Grizzard II

Robert Harold Grizzard II


Wages cannot be withheld without a written agreement signed by the employee, setting the terms of the withhold. In Florida, if you must sue to get your wages (and you win) the employer may be required pay all costs and attorneys fees. See an employment attorney. There is a two year statute of limitations in which to bring suit in most cases, though in some circumstances, if you were not an hourly worker, you might have a four year limit. Seek counsel quickly.


Short Answer = NO.

The distinction here is that you claim it was a "personal" debt and thus not related to your employment. Had the debt been in the nature of an employee advance, he could withhold (Offset) it from your final check.

Under the described facts, this is a separate business loan, not related to your employment.

Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

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