My employer refuses to give me my paycheck unless I come in off the clock for a meeting. He says he has a couple of questions. I've tried to talk to him on the phone, but he refuses.

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    Along with the people who have replied to your question. I would like to request that more information is provided. What @JoeStrazzere is essential to answering your question whether or not your boss can hold your paycheck. – Frank FYC Aug 12 '15 at 14:10
  • I think you're about to get fired. I've only been fired once and it was pretty much about 5 minutes after the manager got in on a normal work day (I had been there a few hours already.) At the time I wondered why he let me work for a few hours when he had to have known he was firing me, but now I kind of get it... because he wanted to do it face to face, and was NOT going to ask me to come in outside of regular work hours. – Andrew Whatever Aug 12 '15 at 18:57
  • This question is tagged with "salary". Doesn't that imply that the phrase "off the clock" wouldn't even apply, since being salaried means you're paid by the week or month, rather than hourly? – Dan Henderson Aug 13 '15 at 12:42

To answer your question specifically, No, your employer cannot withhold your paycheck indefinitely, or even for a short time. I am not a lawyer, though, so you can double-check with one if you want.

There are at least couple of us, though, that have seen situations like this before, and feel that this is likely your final paycheck, and your boss is offering you the courtesy of being able to explain yourself (and maybe save your job), or at least to hear about his decision in person.

It went down like that for me as a teenager working at a BBQ restaurant. I had wondered out loud on a busy Friday night how much money my boss made on a night like that. On Monday, he called me to come in and pick up my check and that he wanted to talk with me. I got a (too long) lecture about how hard it is to run a restaurant profitably, how I needed a better attitude, and then I was dismissed.


This is most likely your final paycheck.

Edit 01: I am assuming that you are in the United States. This said, each state has their individual laws regarding 'last paychecks'. Some states (such as CA) requires that the check is given immediately (if fired) or within 72hrs (if you quit). Other might not have anything.

If you are in another country, different rules apply.

Without knowing your location, this is impossible to know.

This said, and although not an explicit question by you. It would seem that you would like to know why you are being asked to meet with your boss off the clock for your final paycheck.

Again, depending on your employer and state laws (I am going to use CA as the example), the actions surrounding your final paycheck will vary. Since paychecks in CA are immediate upon termination, your final 'hour' worked will literally be that last meeting. Hence, the no paycheck unless you meet face to face.

It sucks, but then again such is many things in life. Try not to cause a commotion. Keep your chin up and walk out of there with dignity. File for unemployment if you qualify and search for a new job.

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    In hindsight, I can see how my response would be sparse. Based on the OP's question, especially how the first was written. The background information was as sparse. I responded in kind. Then again, labor law is not my forte, as it changes from state to state, country to country. If this answer is not satisfactory, I would be more than happy to adjust as needed with more provided information. At the moment, I wait on the OP to reply. – Frank FYC Aug 11 '15 at 23:20
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    I upvoted this answer because it is an incomplete good answer to an incomplete unclear question. – scaaahu Aug 12 '15 at 4:58
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    Riorank and @scaaahu, a poor question is not an excuse for a poor answer. If it's not a well-asked question, then don't answer it. Comment and ask for clarification instead. – David K Aug 12 '15 at 12:39
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    My personal opinion would be to delete it (if you don't, the mods probably will). You can always post another answer if the OP provides more info. – David K Aug 12 '15 at 14:11
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    @DavidK I'll add a little bit more in the meantime to explain my reasoning. If it comes to be that the OP doesn't respond. No difference. If OP does, I will tailor it. If it gets to the point of deletion, I will have no ill will. – Frank FYC Aug 12 '15 at 14:17

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