Is your employer supposed to give you the last paycheck on your last day of work by law?

trippedits

It depends on the state. In CA if an employee quits (whether they give two weeks or not), we have 72 hours to issue their final paycheck excluding commission but including vacation time accrued.. If an employee is terminated, we have 36 hours to provide a final paycheck.

If your former employer has violated state laws in regards to the time limit for final paychecks, contact their HR department first. If that doesn't work, contact your local Labor Office.

tonalc1

They are required to give you what you earned, but they can pay you on the regular pay day.

you gave 2 weeks notice, so that is good. no reason for them to withold payment. they seem bitter for some reason. do you have proof of the hours you worked, if so you can get a lawyer. The lawyer will take it from there. I have been in a similar situation with an employer and a taxes.

Judy

Depends on your state when they have to give it to you, but in most places they'd have to pay you no later than the regular payday for that pay period.

If they are saying the aren't going to pay you at all, contact your state labor department - or tell your sleazy former employer that you are going to if you don't have your check in a week, that might get them moving...

tiffany

They are required to pay you for every day that you worked, but the final pay does not have to be given on your last day of work; it should be paid on the next usual pay day and should also contain any severances you are entitled to, vacation pay, etc.

Since they are refusing to pay you, you need to contact the ministry of labour. They have no right to refuse to pay you for the hours you actually worked. You will have to inform the ministry of the dates and # of hours you worked on those days. Unfortunately most of us do not photocopy our time sheets, but you probably had your schedule written on your calendar and can go by that.

Don't make the same mistake I did--I said that a regular cheque would be OK and my employer mailed me a cheque for an account that they had closed, which then required legal action and the ministry of labour doesn't cover the costs.

Make sure you ask for cash or a Certified Cheque.

Good luck

laraby9

If you worked the hours as far as I know they are legally responsible for paying you - as long as you did your job and met normal requirements during that last few weeks (as I'm sure you did). And also unless you have documents or uniforms etc. that belong to them that you need to return.

You can take them to small claims court if necessary. Do you personally have proof that you worked those hours, just in case you do have to take them to court? The secretary agreeing to send you your check might qualify somewhat.

Send another email, make it very professional and polite, and tell them you are wondering where your check is. Tell them not to bother mailing it, you will be happy to come pick it up so that it doesn't get lost in the mail or anything (so that way they have no more excuses!) Hopefully when they realize you're not just going to go away they will get their act together.

If they don't, do you by chance know any family friend who is an attorney? Most of the time even just a phone call from an attorney will persuade them to do the right thing. But don't have anyone pretend to be an attorney or anything, I'm pretty sure that's a criminal offense.

Worst case, call one of those 'free legal advice' lawyers from the TV commercials ... sometimes the ppl answering the phones are paralegals etc. who like to give advice anyway. Or, just file a small claims suit yourself, I think it's pretty self-explanatory. However, before suing (or before having anyone call them) you may want to try to keep things friendly and 'bait' them into admitting the exact number of hours you're owed for via email, that way you have proof if and when you have to go to court. If they think you're going to be suing them, they likely won't admit you're right ... GL!

Mommy of 2!

they have to pay you.

AVGVSTVS

My employer has been refusing to pay me for the last 5 months. I took the money for 3 months as a compensation from the Greek state.
Now they want me to work again for this company...grrrrrr...

leysarob

It actually depends upon the state you live in. Some states state last check must be provided within 24 hours of termination. Others order that check be provided on next regular paydate. You need to check with your state's department of labor, wage and hour division to be sure.

If they fail to pay you can report them to your state. They will owe you for all hours worked.

marnie

if you have given the proper notice then you deserve to have your last paycheck..likewise, you should contact DOLE for this matter..
DOLE Call Center provide live assistance Monday thru Friday from 7:00 a.m. to 7:00 p.m. by calling (632) 527-8000

Douglas D

I don't know what state you live in. Laws state by state, In Oregon Now, 48 hours after, used to be next pay period.

I really feel for you. Going thru the same thing.

If you have any documentation: Paystubs, X coworkers that will... file with your labor board.

This will not be the last, Ain't America GGGrand!!!

DB Dame

ginger

Sounds like you could benefit from the help of an attorney -- I'm sure they'll get their act together when they hear from your lawyer! For affordable legal access, our family has a Pre-Paid Legal membership which allows you to call and find out your rights in any given situation. Plus, if the attorney you speak to thinks you could benefit from having a letter or phone call made on your behalf, they'll do it for you. This may be helpful for you in this situation since your former employer is taking you for a ride. Good luck!

redgator40

well they have to pay you. but it might not be till the regular payday.

rgo

hi was working for a guy for 3 day but have to life out of the contry for very personal situetion and before a life i told to the guy about life the job and if when i came back get my payment now im here and he wants i show him my personal paper i told the guy i give you my bussines with hst and everuthng for you pay me but he say if i dont see your personal paper i cant pay you it that correct or what i can do

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