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Final Paycheck and Exit Interviews

maryfmurraymaryfmurray 75 Posts
in HR & Employment Law Vote Up0Vote Down
We are a non profit agency in the state of New Hampshire. We are considering instituting a practice for final paychecks to be available for pick up only. Do we need to have a policy stating this practice? The reason I am asking this for is we wish to hold the final paycheck until all property has been turned in? Can we legally do this and for how long? I realize when an employee terminates on their own, they must be paid out on the next payroll period and if we terminate we have 72 hours to pay the employee out but what if all actions are not completed? What if someone does not wish to come in for the exit interview and wants their check mailed to them? I'm sure we've all heard the saying, I left the keys to the office in my top desk drawer. Low and behold, there are no keys, what then?

We wish to inform everyone in advance on how this is going to happen and if anyone has a policy or established guidelines that I may use I am grateful.

Any Takers!

My email address is [email]mmurray@rcaction.org[/email]
Thanks Mary
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Comments

  • 3 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    The one thing you do NOT want to mess with is an employee's pay. You cannot withhold an employee's paycheck for any reason. If there is equipment that needs to be returned, try to work with the EE to get it back and if that doesn't work, go through the courts. As for the exit interview, if you can get an employee to come in and complete it, great, but do not withhold their final paycheck. As for having an employee come in, again something you can try but if they refuse and want it mailed, mail it.
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  • ray aray a 5,703 Posts
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    In NY, you must give the terminated employee their last paycheck at the time of the next payday. You cannot hold it for "ransom" for the return of company property.

    Payday is every other Thursday. We tell the terminated employees they may pick up their check on that next payday, if they don't show up by Friday afternoon, we mail it. If the person requests, we mail it immediately.
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  • valentinevalentine 116 Posts
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    I agree - In Massachusetts if you terminate an employee, you must give them their final paycheck at time of termination. If they quit it must be given/mailed to them by the next payroll period.

    I wouldn't hold their paycheck because the company doesn't need an irate ex-employee suing them for witholding money.
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