Employer withholding last paycheck after i resigned from my job.

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It looks like based on the employment agreement we had, they have a clause saying they reserve the right to terminate all further payments. Is this legal? can they withhold my last paycheck?

Attorney Answers

5
Danielle Callahan ·
No, if you've earned such wages, you are entitled to them. Failure to pay them on the next scheduled pay cycle is a violation of the MA Wage and Hour laws. You could be entitled to treble damages (3x what your final paycheck - and any other wages you're entitled to - is). I suggest you contact an attorney to handle this for you, as many attorneys handle this at no cost to you. For example, I negotiate to obtain damages for my client and I negotiate for separate attorneys fees (as allowed under the statute) to be paid by the former employer. This is standard in Wage Act cases. This is great, because you don't even have to give up the standard third (33%) that most contingency agreements provide. What your former employer is doing is flat out wrong and illegal. You should hire an attorney to advocate for your rights and help you make the situation right. I suggest you respond to any attorney who responds to your post, or use the Find a Lawyer tab on this site for a free consultation. Good luck.
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Michael J. BaceLitigation LawyerBoston, MAMA licensed ·
No. You must be furnished with all owed wages at the end of your employment; terms of any agreement that attempt to change that scenario are unenforceable. If an employer refuses to give you those earned wages, you are entitled to three times the amount. I suggest you call an employment litigator as soon as possible - there may be other issues as well. Most, like my office, will speak with you for free and may take your case on a contingency based fee.
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John Fink ·
You absolutely have to be paid for the time you worked. Call a labor attorney.
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Christopher Vaughnmartel ·
The answer is no. There is no good reason not to speak with an attorney as soon as possible. The Massachusetts Wage Statute is punishing of employers who do not pay their employees properly. Your landlord must pay you all wages due and owing, including commissions in some cases, as well as vacation and other time actually earned. Make an appointment with an attorney.
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Matthew Slater ·
They cannot withhold pay and violation of the Massachusetts Wage Act is very serious cans can result in multiple times your owed wages and an award of attorneys fees. You should consult an attorney for a free consultation. Having handled many cases like this, time is of the essence to seek advice from an attorney. You should bring your contract and any documents or emails to the free consultation. Best of luck.
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