Staten Island, NY asked in Employment Law for New York

Q: Can i withold an employees pay if they quit without notice if the employee is in breach of contract

Related Topics:
2 Lawyer Answers
Joshua Friedman
Joshua Friedman
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Not in NY.

Kristan Peters-Hamlin
Kristan Peters-Hamlin
PREMIUM
Answered

A: In many states you cannot. For instance, both CT and NY do not allow you to do so. What you would have to do is pay the employee and then make a demand upon the employee for the money owed to you from the alleged breach of contract. In CT, for instance, if you fail to pay, you can be subject to double damages, ten percent annual interest and attorney's fees. In NY you can be subject to punitive damages, statutory (high) interest penalties, and attorney's fess. Plus, a failure to pay is a criminal offense in certain circumstances in both CT and NY.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.