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  • Last paycheck Florida

    My daughter worked for a daycare for over a year and had nothing but problems while working there. She kept the job because jobs are hard to come by these days so she just stuck it out. She ended up quitting on the spot because she could not take the directors bs any longer. She went to the daycare today to get her last paycheck. She handed the director her work shirt and the director handed it back and said that they can not take it back. She handed my daughter her check in an envelope. My daughter went to her car and opened the envelope and on the check it said "do not cash void". When she went back in the daycare to ask why it was stamped with that the director took it from her, took a photo copy of it handed it back to her and said "you signed a paper saying that if you don't give us a 2 week notice, we can keep your last paycheck." My daughter was so frustrated she walked out. She told me that she never signed any such paper. I have another daughter who did work there also and did give a 2 week notice but has not gone to get her check yet. She is going to call on Monday to see if they have a check there for her. She said that they never signed any such paper regarding a 2 week notice.

    Can someone please tell me if this is legal for a company to keep the last paycheck.

    Thank you

  • #2
    I would have her go ahead & file a wage claim with the federal DOL (or a claim in small claims court).
    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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    • #3
      I have heard of reducing wage to minimum wage for not giving proper notice, but have never heard of an employer trying to keep the final paycheck for this reason.

      Please follow Betty's advice, the DOL is currently backlogged about 6-8 months, however your daughters actions may very well assist others who have been taken advantage of in getting their money as well.

      Good luck, please keep us posted on the outcome, this is one I am definetely interested in hearing about!
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        I will definately keep you posted. She is going to make a last attempt to get her paycheck on Monday and if it fails, then we will start the process. Thank you for your advice, knowledge and wisdom.

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        • #5
          Maybe/hopefully they will give her the check Monday but if not, have her file the wage claim.

          Good luck to your daughter.
          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.

          Comment

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