Can employer withhold your last paycheck?

[Loretta0519]

Jurisdiction

Missouri

I recently resigned from my job at a small rural hospital. I worked there 10 years and I gave two weeks notice. I had an outstanding hospital bill from this year that I had been making payments on. They were deducting the payments from my check. When I resigned, they kept my entire last check. My direct deposit was $2.95. Can they legally do that? They owe me a weeks wages plus my accrued PTO.

 

[Tax Counsel]

I recently resigned from my job at a small rural hospital. I worked there 10 years and I gave two weeks notice. I had an outstanding hospital bill from this year that I had been making payments on. They were deducting the payments from my check. When I resigned, they kept my entire last check. My direct deposit was $2.95. Can they legally do that? They owe me a weeks wages plus my accrued PTO.

Did you sign an agreement with the employer/hospital regarding the pay deductions for the hospital bill? If so, read that carefully to see if it addresses this situation.

 

[adjusterjack]

When I resigned, they kept my entire last check.

After you review your document, if you are still in doubt, file a wage claim with the MO DOL.

File a Wage Complaint | Missouri labor (mo.gov)

 

[hrforme]

Agree that you need to review the repayment agreement as I suspect that there is language about what happens if you term'd employment.

 

[cbg]

My reading of the Missouri final paycheck law is that such a deduction is not permissible, and it's strongly discouraged under the FLSA. I would definitely recommend a call to the MO DOL.

ETA - that doesn't mean you can't be asked to pay the bill directly.

 

[hrforme]

My reading of the Missouri final paycheck law is that such a deduction is not permissible, and it's strongly discouraged under the FLSA. I would definitely recommend a call to the MO DOL.

ETA - that doesn't mean you can't be asked to pay the bill directly.

I wonder though if the OP signed a deduction authorization.....since they originally agreed to have this deduction go through payroll, I suspect they did.... more like a loan repayment than a wage deduction.

 

[cbg]

I'm not sure they can take the whole check under MO law, though. A call to the DOL can't hurt. Worst case, the OP is told there's nothing they can do.