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Hawaii - Final paycheck withheld

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  • Hawaii - Final paycheck withheld

    blahblahblah?
    Last edited by johnmchash; 01-09-2008, 12:14 AM.

  • #2
    Your employer cannot legally withhold your paycheck. You can file a complaint with your state DOL.
    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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    • #3
      Every state has a drop dead date by which an employer must release the final check. It can be as short a time as the final day of work or as long as three weeks afterwards. In many states it's the day of the next regular paycheck after your last day of work. Off the top of my head I don't know Hawaii's, but I don't know of any state where it's more than a month.

      Since you indicate that this has been going on for several months, a reasonable time would be right now. As far as I'm concerned, it's a reasonable time to file with the DOL as soon as reasonable mailing time from the drop dead date has expired.
      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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      • #4
        I just had a chance to check the laws in Hawaii, and when you quit they are required to give you your last paycheck on the next regular payday, or immediately if you gave one full pay period's notice. So I think you would be entirely justified in filing your complaint with the DOL immediately.
        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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