Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
The answer to your question in brief is no. The company owes the ex-employee the money as wages. Should the company withhold these wages, it becomes exposed to liability from the state's workforce/employment commission, and could face statutory penalties. Further, IRS may also assert a statutory penalty against the company as the company is attempting to withhold money that is due the IRS and the employee.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.