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Witholding Final Paycheck/Bonus/401(k) - Legal? Florida

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  • Witholding Final Paycheck/Bonus/401(k) - Legal? Florida

    I recently resigned my position with my current employer and gave 2 weeks notice. Immediately all my pay was held (Get paid on the 15th and 30th, and resigned on Aug. 11. Two weeks notice to have a lst day of August 25). My payroll on the 15th was held to "see how I performed during my 2 week notice period".

    On the 25th, I received a pro-rated salary based upon number of worked days in the month / 2 (I am exempt, salaried employee).

    During my notice period, I was presented with approx. 200 estimated hours of work, which I completed (lots of late nights) to avoid any further issues.

    I was given a date of Oct. 15 for final payment of my remaining salary, and outstanding bonus owed to me for over a year, pending my return of company equipment (programmer with company laptop) and review of all clients to see if they were satisfied with my performance, and review of corporate Amex account to ensure I have not used it beyond my termination (I haven't).

    Is it legal to hold final pay?

    Also, I have been informed that my 401(k) will be inaccessable for roll-over and/or cashout until the following calendar year (Jan 2007). Is that legal as well?


  • #2
    Since Florida has no laws requiring final pay be released within any particular time frame, they very likely can hold your pay.

    If the plan document only allows distributions annually, then yes, that is legal.
    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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