Yes, you can sue if your employer is withholding pay. Employers need to pay employees their due wages on time. According to the Pennsylvania Wage Payment and Collection Law, your employer should pay your wages. If they fail to do so, your employer could face penalties like a civil lawsuit.
Most likely, your employment agreement outlines your wages and the frequency at which you should receive payments. If you have questions about a withheld payment, first review this agreement. If you are still unsure about some of the language contained in your employment agreement, contact an attorney who can offer clarification.
Even if you quit your job or your employer terminates your employment, they cannot withhold your pay. You should still receive your wages in full and on time, typically by your next usual payday.
Regardless of why you leave your job, you should receive your final paycheck for the wages you earned. Your employer should maintain careful records of the hours you worked and wages you earned so they can pay you in full. The only money an employer can legally withhold from your check includes pay for:
- Taxes
- Federal programs
- Bonds
- Thrift plans
- Welfare plans
- Stock options
- Benefits plans
- Pension plans
- Charitable contributions
- Labor organization costs
- Credit union or bank payments
Other than for taxes and federal programs, your employer must obtain your written permission to withhold some of your pay for any of these reasons.
