Wages Held By Employer Until Items Returned: Is this Legal?
I was employed at an acute care hospital as a Systems Analyst and recently gave two weeks notice. Thursday (April 01, 2004) was my last day of employment.
This morning (Friday, April 02, 2004), I received a voice message and email notification at my home from my former department director that I am to return keys and a laptop to my former employer. My former department director forwarded an email to me from the Human Resources coordinator showing me their intention to hold my last paycheck which includes 2 weeks pay and 244 hours of accrued PTO (Paid Time Off) at $22.72/hour. The following is a copy of the correspondence:
-----Original Message-----
From: XXX
Sent: Friday, April 02, 2004 1:07 PM
To: XXX
Cc: XX; XX
Subject: XXX
XX,
Could you please stop the direct deposit for XX and give her check to XXX on payday for him to hold till Monday. So he can make sure that the keys and Laptop have been returned. If you have any questions you can give HR a call.
Thank you
XXX
HR Coordinator
Can an employer hold an employees pay in the state of Texas?
If they can NOT hold an employees paycheck, what law would be violated if they did?
Answers (2)
I agree with Mr. Henderson. I also believe that you should return any property that belongs to the employer. If you do not, you will also be violating the law. Two wrongs do not make a right.
posted by Margaret A. Harris | Apr 3, 2004 12:40 PM [EST]
The employer cannot withhold money it owes you. It is in violation of Texas Payday Law. Go to the Texas Workforce Commission if they do not pay you what they owe you.
posted by Trey Henderson | Apr 2, 2004 9:31 PM [EST]
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