Estate Planning

Withholding of Last Paycheck in Florida

By David M. Goldman

There is no requirement in Florida that an employer must tender a final paycheck immediately upon an employee's termination. Generally, after an employee has been terminated, his final paycheck(s) is due on the next regular payday or days.

The employer may not hold the final paycheck as "ransom" in an attempt to force the employee to sign a release or other document. The employer may make deductions from the final paycheck for monies owed the employer, advances made to the employee, damaged equipment, other set-offs, reimbursements, etc.

If you request your final pay and it is not received within 30 days Florida Law allows you to sue your employer for collection and fees and costs associated with the attempt to collect unpaid wages.

If you are be affected by this type of behavior or want to put policies in place in your business to help prevent these actions please contact a Jacksonville Employment Lawyer.

Full post as published by Florida Estate Planning Lawyer Blog on January 09, 2008 (boomark / email).