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In the United States, an employer cannot legally withhold a departing employee's paycheck; in some states, the employer must pay the employee all of the wages due him on his last day. There may be a narrow exception in some jurisdictions for cases in which the company loaned or advanced money to the employee, and there is no way to recoup the loan except by a deduction from the final paycheck.

But an employer cannot withhold a paycheck from an employee simply because he did not write a letter of resignation. If this happens, an employee should file a complaint with his state's Department of Labor. The employer may subject to fines.

For specific information about your state, visit the Labor Law Talk forums and look for your state's discussion board.

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