Employment Law

questions & answers

Question: I rent from my boss. I want to know if she can with hold my check for payment. She has the house address on the lease which I have not signed as the company address.

Answer: A residential rent agreement (Landlord-Tenant lease) is an entire contract and legally separate from any other contract, including an employment contract. The fact that the same two people are parties to these contracts has no legal significance and cannot be considered by a court. This assumes there are no contract terms which specifically interrelate the contracts. In this context, then, it is unlawful for an employer to withhold wages as a self-help remedy for an alleged breach of a residential lease agreement. This legal principle does not change, regardless of whether either the employment contract or the lease are in writing. This answer is provided for information only; if you are looking for legal advice, you may want to read the article on "Where to Find an Attorney for Specific Legal Advice