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Speak Up! - View Question #17867 |
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Question: my employer is witholding my paycheck until i decide if i'm going to quit or go on a vacation i told them about more than 2 weeks in advance. she says they won't give me the time off, so i have to give her an answer as to whether or not i will not go on the family vacation i had planned months ahead of working there and already bought a $435 plane ticket for, or quit and go on the trip. i told her i didn't think it was legal for her to hold my check until i sign a contract with her that i will work there, and she told me that she is the owner and can do whatever she wants.can she legall do it?
Answer: It is unclear whether your employer has this right under the specific circumstances of your case. On the one hand, it is not legal for an employer to withhold wages. However, Arizona Law (ARS 23-352) makes an exception for employers if:
"There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee. (e.g., payment for lost tools or equipment or for purchase made from the employer)"
It is likely that a court must decide whether your employer has this right under the specific circumstances. You should consult an attorney who is familiar with employment law.
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