Final Pay

[grimjr87]

Jurisdiction

South Dakota

Can an employer refuse to issue final pay check? All work items have been returned, no contract regarding any withholding from final pay, payday for wages in question has already come and gone. Employer admits having my check, but refuses to give it to me.

 

[army judge]

Just forget my ridiculous answer about the OTHER Dakota, OP.
I'm just a big, blind, silly dummy.

 

[cbg]

Since the poster is in South Dakota rather than North Dakota, here are the SD regs:

South Dakota Department of Labor and Regulation - Termination

https://dlr.sd.gov/labor_employment_laws/publications/what_need_know_laws.pdf

Are you absolutely certain that all items belonging to the employer have been returned? SD is unique in that employers have express permission to withhold the final check until such time as that has transpired.

 

[Betty3]

Is your employer saying why it is not being given to you?