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Final check being withheld? Ohio

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  • Final check being withheld? Ohio

    I work at a tanning salon that's very laid back. I was issued a key. One day I forgot my key, and used an employees key to lock the door. The second key was later lost, as this was a few months ago.

    I quit, and they're threatening to withhold my paycheck until both keys are returned. I returned the one I was issued, but can't find the other for the life of me. Are they legally able to withhold my final paycheck?

  • #2
    No, they cannot hold your paycheck. Has the payday come and gone yet?
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    • #3
      Nope it's tomorrow. What do I do if I go to work and they refuse to give me my paycheck? Would I have to contact the department of labor or the police, or where would I go from there?

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      • #4
        Also, they said my paycheck would be withheld as a down payment for changing the locks.

        Can they withhold my final paycheck for business expenditures due to my employment, or would they have to sue me for damages (ie: getting new locks)?

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        • #5
          You sort of have two very different issues here.
          - Can the employer "hold" the check? That is a "no". If this happens, file a wage claim with OH DOL (or whatever OH calls their DOL). This is a civil matter, not a police matter.
          - Can the employer charge you for the keys? That is a "maybe". Under federal law, the employer can recover this cost from you without your permission as long as minimum wage and overtime rules are not violated. Example. Bob makes $10/hr and works 50 hours in the workweek. Under federal rules for this type of deduction (legally called a "for the benefit of the employer" deduction), the 10 hours of OT at $15/hr cannot be touched, and the 40 hours at MW of $7.25/hr cannot be touched. The only portion that can be touched (in this example) would be the 40 hours at $2.75/hr.

          Now that is federal only. OH is not my state. OH is generally a "just like federal" state for most purposes, but I do not know as a fact that this is true in this instance.
          http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

          Past this, the employer can always take you to court to recovery any funds due.
          Last edited by DAW; 01-06-2011, 05:20 PM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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