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Is it legal to withhold a paycheck in the state of New Mexico?

My husband recently quit his job because he was employed at a higher paying job with an employer who is fair. Yesterday, he went to pick up his check and was told very rudely that he would not be getting his check unless he returned his card to the cash register. So today he brought it in and was told they didn't know where his check was, so he called his boss. She has been ignoring his phone calls, so he left a voice mail for her. She has yet to contact us, and I doubt she will. We're planning on taking it up with the owner tomorrow as he was treated unfairly his entire employment and is now getting the run-around about his check. Does anybody know if it is legal for the employer to withhold his check?

2 Answers

  • 10 years ago
    Favorite Answer

    New Mexico Payroll law requires that involuntarily terminated employees must be paid their final pay with in 5 working days; 10 days for wages paid by commission, task, or piece rates; next regular payday if suspended due to labor dispute. Voluntarily terminated employees must be paid their final pay by the next regular payday.

    If the employer does not pay the employee pursuant to the statute, the employer could be liable for criminal prosecution (rarely enforced) or be liable to the employee for twice the amount of pay that was due which was not paid in a timely manner. See New Mexico Statutes Chapter 50, Article 4, Section 5 and Section 26. C. The problem is that it may not be worth your time and effort to go to court to enforce this. Good luck.

    Source(s): New Mexico Statutes
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  • lcr000
    Lv 7
    10 years ago

    not in any state, contact your states wage and hour office

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