Poll: Is this legal?

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DuctTapeJedi

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Nov 2, 2010
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So, I recently quit my job, not under the best of circumstances. They were verbally abusive, and I couldn't take it anymore. Now they're holding on to my last two paychecks. They're requiring me to send in copies of some paperwork I don't even remember from a long time ago before they mail me my checks.

Is this legit? It doesn't seem like this should be an okay thing to do.

EDIT: And for the record, it's some obscure piece of certification from months ago that they never brought up until now.
 

Darken12

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Apr 16, 2011
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I would recommend asking these questions to your union rep or trusted labour lawyer. They seem more qualified to do something if legal action becomes necessary.
 

Shrack

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Feb 25, 2013
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Hope you have some documentation on the abuse. If you where not part of a union contact the local labor relations board or it's equivilant in your area. Really sounds like they are trying to screw you over.
 

IndomitableSam

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Sep 6, 2011
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Go look up your areas legislation, but I highly doubt it's legal. Simply contact them with the handy bits of legal paperwork that say they must pay you (Look up your local labour laws, they should have info on withholding pay) and then throw it at them. Also contact the company's higher-ups with the legislation, if you need to.

I don't recommend suing - the lawyer fees and other costs would eat up a lot of money before you get the pay back, if you do, and even then you might still have to pay court costs. Just contact your local government representative if showing them paperwork doesn't get them to hand it over.
 

BlackConservative

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Aug 2, 2011
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No one can hold your check it is money you already earned. However, they might try to lowball you and tell you that you owe them some form of back pay for what ever reason. Your best bet is to consult a lawyer. Many lawyers do free 5 or 10 minute consultations and then they will decide what to do from there.
 

Frungy

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Feb 26, 2009
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DuctTapeJedi said:
So, I recently quit my job, not under the best of circumstances. They were verbally abusive, and I couldn't take it anymore. Now they're holding on to my last two paychecks. They're requiring me to send in copies of some paperwork I don't even remember from a long time ago before they mail me my checks.

Is this legit? It doesn't seem like this should be an okay thing to do.
Maybe you're asking the wrong question. The real question I have for you is why aren't you just giving them the paperwork they want so you can get on with your life? If the paperwork is minor and easy to complete then why not go in, get the papers, do the paperwork, and collect your pay? Unless the paperwork has some other legal significance?

There's just way too much information missing here, and you've been way too vague for anyone to form any sort of an opinion. For example if the paperwork is required for your employer to close out your tax records before they make final payment, then they might legally and justifiably be unable to pay you until the paperwork is done. There are literally dozens of possible reasons it might be legal and you've provided little or no useful information.
 

DuctTapeJedi

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Nov 2, 2010
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DuctTapeJedi said:
Frungy said:
Because the paperwork was an obscure certification from months ago that I don't even have anymore, and they know it.
I wouldn't just not hand in in out of spite.
Because the paperwork was an obscure certification from months ago that I don't even have anymore, and they know it.
I wouldn't just not hand in in out of spite.
 

TallanKhan

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Aug 13, 2009
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DuctTapeJedi said:
So, I recently quit my job, not under the best of circumstances. They were verbally abusive, and I couldn't take it anymore. Now they're holding on to my last two paychecks. They're requiring me to send in copies of some paperwork I don't even remember from a long time ago before they mail me my checks.

Is this legit? It doesn't seem like this should be an okay thing to do.
I would need to know more about the situation, what they are asking for and where you live, as well as what wavers you signed as part of your contract of employment. As a general rule no what they are doing wouldnt be legal in many places, but that comes with a few but's:

If you signed paperwork that allowed them to make deductions from your pay, and in that paperwork they set out that you will forfeit pay if you leave without notice then you won't have a leg to stand on.

What paperwork are they asking for? If it was paperwork they can credibly claim is meaningful and if it's paperwork that remains the property of, or reverts to being property of your employer upon the termination of your contract, or if you were notified that you would be required to retain it, then that could change things.

Also find out how your pay was calculated. Was the pay for the month worked? Were you paid as an annualised average wage each month? If your pay was paid in arrears, which if they are holding two paychecks it sounds like it might be, what was the contractual guarantee of when payment would be made?

Sorry to be asking complicated questions but i know from experience payroll disputes are never black and white. Finally I would advise you to get some advice on employment law where you live, any laws in place governing payment of wages will superceed any policy or procedure your had had in place (with the exception of certain employee opt-outs and wavers in some teritories).
 

Proeliator

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Aug 22, 2012
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Came in here wanting to post:
Now I feel bad...

I would say no, fight them, seek legal counsel. I don't think the escapist will be able to help with much...
 

A Distant Star

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Feb 15, 2008
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They may have legitimate claim to that paper work, but its not legal for them to hold your pay checks at ransom for it.