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Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 5:27 pm
by dihappy
..until you return a uniform or other items?
I couldnt find this anywhee online :(
Re: Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 6:28 pm
by ProudNativeTexican
I am pretty sure that they can, cause you still have their property. That or deduct the cost of the uniform from that paycheck.
Re: Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 6:29 pm
by bpet
I believe they can "adjust" your final paycheck but most won't. Just too much hassle for the return.
The large company I used to work for had a clause in their relocation agreement that stated if you quit within a year, you were required to re-pay any relocation expenses that the company provided to get you hired. The director of HR told me that to his knowledge, the clause has never been enforced despite the fact that the opportunity came up quite frequently.
I guess it depends on how "bold" the company wishes to be.
Re: Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 7:31 pm
by tarkus
Any company that did that to me would get reported to the Texas Workforce Commission.
Sec.A61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT.A
(a) An employer shall pay in full an employee who is discharged
from employment not later than the sixth day after the date the
employee is discharged.
(b) An employer shall pay in full an employee who leaves
employment other than by discharge not later than the next
regularly scheduled payday.
Re: Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 8:39 pm
by lrb111
I'm thinking wage garnishment or retention is illegal in Texas. I can't recall a law on it.
edit: : Tarkus beat me by 9 seconds, but his info was correct.

Re: Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 8:42 pm
by B3XD
Just to be sure, what do youy mean by "withhold"? Not deposit it? Say they won't pay you unless xxxxx? Say you have to come in to get it?
Re: Can an employer withhould your paycheck?
Posted: Mon Mar 24, 2008 9:48 pm
by dihappy
Correct. The empolyee has a uniform that must be returned upon termination.
If the quote is correct, im guessing that regardless of the uniform, they must pay him no later than the 6th day after.
But what about that "b" section? "other than by discharge"???
Re: Can an employer withhould your paycheck?
Posted: Tue Mar 25, 2008 5:48 am
by MoJo
dihappy wrote: But what about that "b" section? "other than by discharge"???
You quit.
Re: Can an employer withhould your paycheck?
Posted: Tue Mar 25, 2008 6:04 am
by Trainman
lrb111 wrote:I'm thinking wage garnishment or retention is illegal in Texas. I can't recall a law on it.
The exception is that wages can be withheld in the amount of assigned state child support payments. There are some qualifications as to type and size of employer etc.
Re: Can an employer withhould your paycheck?
Posted: Tue Mar 25, 2008 6:36 am
by chewy555
A company can withhold your last check until you have turned in all company owned property or take out the value of said property from last check. But I think in order to do this it has to be stated in the company hand book that this will be done.
Re: Can an employer withhould your paycheck?
Posted: Tue Mar 25, 2008 8:00 am
by lrb111
Trainman wrote:lrb111 wrote:I'm thinking wage garnishment or retention is illegal in Texas. I can't recall a law on it.
The exception is that wages can be withheld in the amount of assigned state child support payments. There are some qualifications as to type and size of employer etc.
That was it, thanks.