I called last week about $$. Was told "its in the mail" when I asked how much longer should I wait for it seeing it had been 2 weeks, was told "take it up with your post office". We are in dire financial bind and there has to be something I can do. This is a "last paycheck" from a company that I am no longer emplyed with (I quit) to take another job. I talked with long time employee of the company and was told "not to hold breath about last check". Can they do this? Legally?
2006-10-29 16:51:30 · 10 answers · asked by Shelly K 2 in Business & Finance ➔ Corporations
They Can't withhold your pay for any reason. I had the same problem. Contact your state lador department. They will represent you for free, however, it will take up to 6 mos. to get your money.
2006-10-30 01:01:11 · answer #1 · answered by brenden b 2 · 0⤊ 0⤋
No. They cannot legally with hold your last paycheck. Do you have a record of hours that you worked so that you can determine how much they owe you and show proof that you worked those hours? Even a guesstimate helps.
If it is indeed lost in the mail ,the company needs to re-issue you a new check and put a stop payment on the first one that they sent to you that never arrived. The Post Office has nothing to do with it and they will not help you. They wouldn't even begin to know where to look.
DO NOT CALL your former employer again. Send them a formal letter detailing your last conversation, including the part where they told you to "take it up with the Post Office". In the letter request that they cancel the last check that they sent to you, since it seems to be lost in the mail, and ask that they re-issue you a new check and send it certified. Tell them that you want it sent certified since there seems to be an issue with sending it through regular mail. Tell them to call you when the check has been mailed and to give you the tracking number from the Certified reciept. You can use that number to track your check online through the US Postal Service's website. Tell them that if they refuse to do so, you will take their actions as a refusal to pay you the wages that you are rightfully owed. Detail the dates and hours that you worked and the total wages that they owe you. Tell them that refusing to pay you is prohibited by law and that you will take legal action against them. "CC" the appropriate representative in your local State Employment Department on the letter so that your former employer knows that you have researched your rights and that you are in contact with someone who is prepared to help you. This letter is very important because if you have to sue them it will serve as proof that you tried to get the money from them and that they ignored you. Just as you are asking them to do so, you should SEND YOUR LETTER CERTIFIED so that you have proof that you sent the letter and that they received it.
BEFORE you send the letter, check with your local State Employment Department to find out exactly what your rights are and what resources are available to you. They may even be able to refer you to a free attorney who can help you write the letter or write it for you.
Either way, contacting your local State Employment Department will give you credibility and let your former employer know that you mean business.
At the end of the day, your former employer will find the extra attention from the State uncomfortable to say the least.
Don't let them bully you...
2006-10-30 01:24:13 · answer #2 · answered by KK 1 · 0⤊ 0⤋
"Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment. If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department."
2006-10-30 01:54:13 · answer #3 · answered by Ishibishi 3 · 0⤊ 0⤋
Legally? Depends on the reason that they are using, were you a commission employee subject to charge-backs? Or do you have a contract that gives them some specific right to do this? If not, and you were an employee as opposed to a contractor, then contact your states Wage and Hour Board, they take claims such as this extremely seriously.
2006-10-30 01:19:36 · answer #4 · answered by Tommy 1 · 0⤊ 0⤋
No...LEGALLY they CANNOT. Don't let them get away with this. The money is earned money and belongs to you. Tell them to turn the money over to you immediately or you will see an attorney to begin legal action...then they will have to pay interest on the amount they owe you. Also...once you get the money..turn them in to the Better Business Bureau and your states Labor Relations Board. Good Luck to you in your new job
2006-10-30 01:41:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I can never understand why these things should have to be dealt with by civil action. I think of it as theft, pure and simple. They have something that belongs to you and I think the police should have the job of making them hand over your property but I don't think it works that way.
Are you in a union? Is there some kind of free citizens advice bureau like there is in England who can represent you?
2006-10-30 01:02:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Our employment law protect the employee more than the employer especially when it involve with pays. If you file a complaint to the government, they could get into a lot of trouble.
2006-10-30 01:04:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Legally? Heck no. Sounds like a bigger issue that might not be resolved with out some sort of legal help.
2006-10-30 00:54:08 · answer #8 · answered by fratmcgee24 2 · 0⤊ 0⤋
Ask your local bakery store to make small chocolates written on the chocolates saying,enjoy my chocolate with my hard earned salary you robbed from me,a present from my chocolate loving children.
2006-10-30 01:20:23 · answer #9 · answered by roylauren 1 · 0⤊ 0⤋
i would say contact a lawyer but they can be pricey ..
i dont know about your area but in neworleans they have legal aid which you can get a lawyer for lil to no money..
but i would atleast contact one to see what can be done..
2006-10-30 00:59:49 · answer #10 · answered by ♥ Lisa♥ 5 · 0⤊ 0⤋