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Can an employer withhold a paycheck(s) of a salaried employee (MN) due to uncompleted work?

Cannon Falls, MN |

My employer has stopped payment on a full two-week paycheck and final two day paycheck (separate pay periods) citing: Did not fulfill requirements of job.
There has never been a policy or written requirement of days/hours worked or x-amount productivity. I averaged 60+ hours during the six months, but admittedly worked only between 30-40 hours the last two weeks. I worked 20 hours during the last two days of the last pay period. Company handbook states my job "averages 40 hours" per week. That's it.
Both checks are being withheld with no justification or breakdown of his rationale. My automatic child support was paid from the two-week check (the one with a stop payment) so he technically paid partial wages. I have encountered bank fees. A demanded for payment in writing has failed.

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Attorney answers 1


You question leaves too many unanswered questions to adequately respond. In general, employers cannot withhold paychecks once wages have been earned. If an employer does not pay wages on time, it can be subject to paying a penalty, as well as the attorney's fees you incur in recovering your wage.

Whether you are salaried or not is irrelevant. What matters is if you were an exempt employee or a non-exempt employee. You should either contact an attorney, or the Minnesota Department of Labor to discuss your options.

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