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  • Holding check Arizona

    As the employer, am I able to hold an employees check until they fill out a manditory report required by the Department of Transportation? Our drivers are suppose to fill out a pre and post trip report, along with their drivers log for DOT. They are not in the same state (Oklahoma and Arkansas vs. Arizona) as us, and cannot control them as easily. Can I issue, but hold their check until I receive these reports? If they have direct deposit, can I block it and issue a negotiable check to hold?

  • #2
    No, not legally. States have something called "pay day" laws, that say payments must made "when due". Not when the employer feels like, or not when the employer has nothing better to do, and not when the employer does not wish to coerce the employee. If the employee is messing up, then FIRE THEM, but you cannot legally hold back due wages.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      You can discipline them in another way (or fire them) but you cannot hold their paychecks.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        In the state of South Dakota, and in the state of South Dakota ONLY, an employee whose employment has terminated either voluntarily or involuntarily can have their final paycheck held by the employer until the employee has turned in all equipment belonging to the employer.

        There are NO other circumstances whatsoever under which an employer may legally hold a paycheck beyond the regular payday, whatever the regular payday for that pay period may be.

        If the employee has direct deposit, I see no reason why you cannot void the DD and provide a paper check, but you still have to give them the paper check at the proper time and hope that the inconvenience of having to go to the bank is sufficient motivation to make the employee turn in their report.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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