Asked by spunky.girl316  |  Submitted March 13, 2018

How long can an employer hold your final paycheck after you are fired?

I just received a paystub from an employer that let me go over a year ago. The paystub is dated March 10, 2017 and indicates it was direct deposited into an account that is no longer open. How can I determine if I was paid for this time period or not and if the employer did anything wrong in holding the payment?

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  Answers  |  2

March 13, 2018

A couple of quick ideas to at least help you confirm whether you received that paycheck already or not would be to check the "year-to-date" amount listed on that check stub and match it to your W2 from the same year and see if those amounts seem to match. Also if you have old bank statements from that time period you could look for that individual deposit listed.

For peace of mind, I know from experience that if a direct deposit is processed on an inactive account or if there's an error at all in the routing or account number the bank will return the funds to the employer and usually then the employer would generate a live check. Of course, if the account was closed while not in good standing with the bank, (i.e owing outstanding fees or anything like that) the bank could seize the funds to collect the debt. You'd need to contact the bank to identify what would happen in that case for certain.

Good luck!

$commenter.renderDisplayableName() | 06.22.18 @ 08:55

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March 14, 2018

Most states require employers to give departing employees their final paychecks in fairly short order -- sometimes on their last day of work. It's really dependent on your state, Check Nolo.com for your specific state.

$commenter.renderDisplayableName() | 06.22.18 @ 08:55

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