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Employee's final paycheck

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Gina Nativio

Guest
I am inquiring if it is legal to hold the employee's final paycheck, until an exit interview has been conducted?

We have implemented a policy for final interviews. Some employee's terminate without notification. When payday arrives, the employee comes to our place of business and asks to pick up his final check. I try to have them come back to my office, to conduct the final interview. Some employees will tell me they do not have the time, or they would rather not. Am I required to release the check at that point, or can I tell them that we will reschedule the exit interview at their discretion, and I will release the check to them then?

Please advise.
 


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Attorney_Replogle

Guest
You would not know this, but your question depends entirely on state law. Every state's laws are literally different from one another. So, without knowing what state you are from no one can tell you for sure.

Second, this question really should be asked of a labor law attorney that should review your company's exit/termination process. Yet, going where angels (or attorneys) fear to tread, I will say that (based on CA law) your company is breaking the law by withholding the final paycheck in order to force the terminating employees into an exit interview. Indeed, you may well be setting your company up for some hefty fines by the state labor board.
 

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