Can my employer keep my last paycheck because i owe him money and we had a bi-weekly payment agreement? In massachusetts.

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My employer is refusing to give me my last paycheck because I owe him money. We had a bi-weekly payment plan worked out. Is he allowed to do this?

Attorney Answers

2
Philip Mason ·
Your employer may not unilaterally make deductions (garnish) from your wages unless you have authorized him in writing to do so, and that writing may be withdrawn by you at any time. Holding wages back is a violation of the wage & hour laws, which are enforced by the Massachusetts Attorney General’s office. If your employer claims that you owe him a debt, there are appropriate legal avenues to pursue that debt. The “self-help” remedy of appropriating your property without due process is not one of them. This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
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Erik Hammarlund ·
No, he is not. He can sue you for the money you owe him, but he cannot withhold it from your paycheck without your permission. In fact, the wage laws are so strict that his error may cost him money. If he refuses to pay you and you are forced to file suit, you will recover triple the amount owed.
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