Can my final paycheck be withheld and deductions made?

I gave my notice to resign on January 29th. My former employer was very upset and told me they would not pay me for my notice and the 29th would be my official termination date. It's now February 24th and I still have not received my final paycheck. I discussed with the Texas Workforce Commission and they told me that my final paycheck would be due by the next scheduled payday, which would have been Febrary 15th. I told my former employer that and they said it's not true. They said the reason that they are withholding my check is because they feel like I must have interviewed for my new position on company time (I worked from home). They feel that it would take at least 2 days to search for and interview for a new position and want to withhold that from my final paycheck. They have no basis or evidence for this number, but want me to agree to this deduction. Of course, they have to know that I wouldn't agree to this, which makes me wonder what I'm missing? I feel like they are going to try to retaliate against me if I refuse. Should I refuse the offer and file a complaint with the TWC?

Thanks.

0 answers  |  asked Feb 24, 2011 1:56 PM [EST]  |  applies to Texas

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