Old Employer withholding back pay

Asked almost 6 years ago - New Jersey

I was recently told to resign from my employer or be fired and I chose to resign. I was also told my paycheck would be withheld until the jobsites I serviced were checked to make sure there was no money differences before I would be paid. It has been over a month and when I called payroll to find out what was going on with my pay they told me that my checks were sent to the office of my previous employer. When I called the office the manager told me that he wanted me to sign my checks over to him for 3 work shirts that were lost. The checks should be for a total of about $300.00...can he legally ask this of me and does he have any right to continue to hold my checks since it has been over a month since I unoffically resigned?

Attorney answers (1)

  1. Michael J. Shavel

    Contributor Level 7

    Answered . There is a simple answer to this question - NO. By statute in New Jersey, th employer must pay you for all time worked and may not hold your check. Your best option is to file a complaint with the Department of Labor for non-payment of salary. Its cheap and fast.

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