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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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What happens if one of my employees goes to the labor board

This answer was rated:

What happens if one of my employees goes to the labor board because I have asked them to hold their paycheck?

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information i this regard.


Please tell me

1 - why are you holding the check?

2 - is it in your employee handbook that checks may be held ?

3 - what state are you in

Thank you

Customer: replied 3 years ago.

1. Finances


2. No


3. Arizona

Hello

Thank you

It is illegal for you to withold or ask an employee not to cash a paycheck they had legally earned by doing work for you unless it is in an employees handbook that they would be responsible for say Uniforms, etc and that money would come from a paycheck.

IF there is a Cash Shortage, as I believe you are saying you are experiencing then you need to get permission in writing from the employee.

The other exception under AZ law is if there is a wage dispute. An employer must pay an employee all wages due that are not in dispute, but may withhold the disputed amount, including the amount of any counterclaim in addition to any claim of debt, reimbursement, recoupment or set-off

So, if the employee goes to the labor board, they will investigate and can fine you and also may mandate you pay 3 times the amount owed to the employee


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

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