Full question:
Can an employer (dentist) hold a check (final) until employee submits a letter of resignation? My wife was shorted 14 hours on her last paycheck. In discussion about shortage, my wife was informed she had to write a letter to the dentists' husband who writes the checks. My wife asked if she would be reimbursed if she wrote the letter. The dentist replied 'no' and left the room. My wife shut down her area and came home. My wife called about her paycheck that was due today. She was informed by her employer that my she had to write a letter to her husband resigning. My wife then asked, if she did that, would she receive her paycheck today. The reply was 'no' and both walked away.
- Category: Employment
- Date:
- State: Texas
Answer:
Under the federal Fair Labor Standards Act (FLSA), employers must pay employees on designated paydays. Employees exempt from overtime must be paid at least once a month, while others must be paid at least twice a month. If an employee quits, they must be paid in full on the next regular payday. If terminated, they must be paid in full within six days. If an employee is not paid on payday for any reason, the employer must pay those wages on another business day as requested by the employee. Therefore, withholding a final paycheck until a resignation letter is submitted may not be lawful.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.