Can an employer withhold my paycheck until I provide a TB test result?

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I have been working for a home healthcare company for almost 3 months. My paycheck will be issued tomorrow morning. As of this morning, I was told I would not be able to pick up my rightfully earned paycheck until I bring proof that I have gotten a TB test, which I can't do until Monday because the test needs 3 days to be done. Is this legal at all? What can I do about it?

Attorney Answer

1
William Scully ·
Sure. They aren't refusing to pay you, they are trying to incentive-ize you to get your TB test...like you were supposed to have done 3 months ago. Somehow I doubt that you have been working at this place for 3 months without a paycheck. So they've been paying you all along. If they were to fire you for your failure to get a TB test, they would still owe you for whatever work you have done during the current pay period. They would certainly be justified in firing you for failing to follow their directions to get the TB test. Hurry up and get your TB test.
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