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My previous employer is withholding my paycheck. What are my options?

Buffalo, NY |

I live in Buffalo, NY. He is falsely accusing me of theft. I stopped in on payday and requested my paycheck. He said he would not give it to me. I told him that was illegal and that I had contacted an attorney (which I had).

Attorney Answers 3


If you've already contacted an attorney you should be speaking with her (or him); any advice you get from your attorney is necessarily going to be better than the advice you get from strangers for free online based on very few facts.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at

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Your employer cannot withold your paycheck. If your attorney has not taken effective action, contact the New York State Department of Labor at:

Good luck,

No attorney client relationship has been created by this answer.

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I suggest contacting the New York State Department of Labor wage enforcement division, they should be able to assist you free of charge.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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