is it legal in missouri for an employer to hold your last commission check if you owe them money?
961802
It depends.  If you signed an employment contract with them that said they could do that then yes, they can.  It also depends on the state that you are in and the job that you were doing and why you owed them money.  Sometimes attorneys will answer a few questions for free over the phone or have you pay a small consultation fee to meet with them.  If it is a significant amount of money I would recommend talking to an attorney.  Remember Paralegals cannot give legal advice.
838335
If the IRS were to come after your employer, you would not be held responsible in any way. As long as you report the income you receive and pay taxes on the income at the end of the year, you are doing your part. I noticed that you just said your comission checks would be tax free. Are they withholding taxes from your regular paycheck? Alot of car dealers work this way too. They'll pay their salepeople a biweekly wage and their comission is straight cash. At the end of the year, they issue a 1099-misc reporting that income. You'll have to pay self employment tax at the end of the year
212881
your employer can supply that info, but what you may have to pay in at the end of the year may outway the 5 or 10 bucks a week extra that will show up on your check.
871616
I worked for a place that direct deposited my checks.  They were required to give us all paystubs.  I know they were required to do so because they were so cheap they squeaked when they walked.  They would never have spent the extra money for stubs if they weren't required to do so.  But...check with a lawyer to be sure.  It might be different in your state, this was in Colorado.
653522
Yes, by the way you will get the rest in a lump check so just hang in there. I have had friends that waited 13 months to get their back check. Take care!
1170164
In Washington State employers are required to make final payment of all outstanding earnings to the employee by the end of the next pay period, regardless of whether the employee was discharged or resigned.\n\nper the Washington St. Employment Standards
388670
Your last wages due should be available to you on the next scheduled pay day. If not, you can file a complaint with MESC. But as soon as they get the complaint, you will probably be paid and they may say it was lost in the mail and there is no action taken on the employer.
558967
I don't think that your employer has to pay you. You should check with the officials in your state to make sure.
877095
I've assisted three different people (friends or relatives) with this same issue. The only difference is that they were resolved within one to two months of an employer refusing to pay them.\n\nThis is what I told them to do.\n1) Contact The Department of Labor and ask them for assistance (rules and laws) regarding how it is enforced in your state.\n*In Minnesota an employer not paying wages earned by an employer has severe penalties. This includes full payment within a given time period of reciept of notice. It also includes back wages for the duration of time they failed to pay you. So if you were in Minnesota the company would owe you X number of dollars for the entire time period from June until now. If you worked 40 hours per week, that would be 23 weeks worth of pay if they failed to pay you had you stopped working on June 1, 2006.\nThis can be negotiated and normally is, but legally you are entitled THAT amount of money due to their fault in not paying you in a timely fashion. By law (again, depending on which State) the employer owes you within a given time frame on you leaving. One week, two weeks... Whatever it is. So it could gain you earnings anywhere from 23 weeks, to a lesser number.\n\n2) Write a letter to the former employer stating what the law is and demand payment. Don't be mean, just clean, pure and simple. Per the law where you live,  calculate what you are owed and state it. Then show them the calculated total sum which includes penalties and late fees. (If it's $10.00/hour - based on a 40-hour work week, including the past 21 weeks [to be nice and earn favor with a Judge, subtract the first two weeks of them dragging their feet] and state they COULD owe you a minimum of $8,400.00 plus what they previously owed you). State that upon taking them to Court a Judge would decide in your favor for non payment of wages earned and they would also be responsible to pay for attorney's fees and Court fees. Remember, this is how it is in Minnesota so make darn sure you put in plain type the exact amounts owed to you per the law.\n\n4) After stating all the info above in the letter, my last paragraph included the following (minus the company name and dates):\n\nUnder Minnesota Statute 181.13, you are required to pay unpaid wages within 24 hours of receiving this letter.  Further delays will subject me to file a claim against (insert company name) per Minnesota Statute 181.14 Subdivision 2.  Penalties and fees will accrue upon receipt of this letter.  Failure to comply will constitute sending this letter to the organizations listed below on (state the day, date and year. Give them two days mail time.)\n\n4) At the bottom of your letter include the following info: (example)\n\nCc:\n(State) Department of Labor and Industry\nxxx  Road North\nCity, MN xxxxx\n\n(name of county) County Government Center\n(name of person you contacted), Court Administrator (Conciliation Court)\nxx Second Street NW\nCity, MN xxxxx\n\n(City name here) Chamber of Commerce\nPO Box xxx\nCity, MN zip code\n\nState the address for each place you are carbon copying! Make sure to include your name and address. No phone number.\n\nGood luck!
135773
Did you owe your employer any advances, premiums for insurance or products/services that had not been paid?  They can hold onto that portion but have you contacted them or just assumed they haven't.  You may need to pick it up & sign for receiving your final pay.
491335
....you have to give more details.  "detaching pay" before court date?  Do you mean taking money from your check?  Why would they take money from your check?  Child support? what?  \nPlease explain the problem in more detail.
6011
Burden of proof would be on you. If a contract was signed, and you got a copy of it, then yes, you can sue.  Also, if you got a copy of the stopped check, they have to explain why they stopped payment.\n\nBottom line is, get as much proof as you can that you worked for them, then take them to court
785343
I think it's fraud or intent to defraud.\n\nDefinitely bring a lawyer into the picture.  And whoever did your background check on these employees should be held accountable as well.  \n\nIf they had any contact with patients, there's definitely some type of law that covers that.  \n\nAs for the last guy, cut your losses and pay his last paycheck and be done with him.  I doubt he'll use you as a job reference.
596730
if you have a judgment then yes, they can attach your paycheck if you don't pay the judgment. So you have limited options. Pay the judgment, or let them attach your bank accounts, paychecks, assets, etc. If you did not give them any info on your bank or employer then they will have to go back to court to get that info. So you may have time before that happens. Outside of skipping town and being on the run, I'd just pay the judgment. else you have little recourse with the courts.
896128
That would be an illegal garnishment of wages/salary, thus subject to a court order; not a bosses whim or any such contractual obligation. I can not believe the ignorance of some of the answers to this question. It would be a null and void contract, if you signed any such document, so you may wish to contact the proper state/municipal authorities.
280745
yes... without a just cause. If you quit and don't return something, they can keep your paycheck until you bring it back.
401925
The first answer is closest to correct. I am not sure were this "time limit" came from. As long as you work for this company and you have given them permission to directly depostit funds they also have the right to ertrieve funds mistakenly deposited. They also can take it from your next check and this is probably the method they would actually take as it is the easist. However, if they can show they mistakenly deposited funds you did not deserve and you then quit working for them they can take you to court, place a bad rating on your credit by gaining a judgement, and/or file criminal charges for theft or embezzlement. Especially if you work in an office postition which would enable you to access the computers. They could claim they did not make a mistake that YOU did this on your own or with the assistance of somebody else in the office.\n\nIn any regards it is morally and ethically wrong to take something you know is not yours. That is stealing. I suggest you take the first answerer suggestion. Take the inititive and demonstrate a code of conduct in which you are honorable, ethical and responsible. Even if you are not by bringing this to their attention you are giving the impression you are those things. I would hope you would do the right thing just because it is the right thing and not becuase you were forced, but hey it is your life and you are the one who has to live with your behavior.\n\nGood luck in this moral delemma, and I wish you all the best. Sometimes we learn by the mistakes we make and we become better for it.