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Left my previous employer in June. I have not been paid for the Benefit hours I earned under their Earned Time Off program.

2006-11-10 00:40:16 · 18 answers · asked by tmclarke61 1 in Politics & Government Law & Ethics

18 answers

I've assisted three different people (friends or relatives) with this same issue. The only difference is that they were resolved within one to two months of an employer refusing to pay them.

This is what I told them to do.
1) Contact The Department of Labor and ask them for assistance (rules and laws) regarding how it is enforced in your state.
*In Minnesota an employer not paying wages earned by an employer has severe penalties. This includes full payment within a given time period of reciept of notice. It also includes back wages for the duration of time they failed to pay you. So if you were in Minnesota the company would owe you X number of dollars for the entire time period from June until now. If you worked 40 hours per week, that would be 23 weeks worth of pay if they failed to pay you had you stopped working on June 1, 2006.
This can be negotiated and normally is, but legally you are entitled THAT amount of money due to their fault in not paying you in a timely fashion. By law (again, depending on which State) the employer owes you within a given time frame on you leaving. One week, two weeks... Whatever it is. So it could gain you earnings anywhere from 23 weeks, to a lesser number.

2) Write a letter to the former employer stating what the law is and demand payment. Don't be mean, just clean, pure and simple. Per the law where you live, calculate what you are owed and state it. Then show them the calculated total sum which includes penalties and late fees. (If it's $10.00/hour - based on a 40-hour work week, including the past 21 weeks [to be nice and earn favor with a Judge, subtract the first two weeks of them dragging their feet] and state they COULD owe you a minimum of $8,400.00 plus what they previously owed you). State that upon taking them to Court a Judge would decide in your favor for non payment of wages earned and they would also be responsible to pay for attorney's fees and Court fees. Remember, this is how it is in Minnesota so make darn sure you put in plain type the exact amounts owed to you per the law.

4) After stating all the info above in the letter, my last paragraph included the following (minus the company name and dates):

Under Minnesota Statute 181.13, you are required to pay unpaid wages within 24 hours of receiving this letter. Further delays will subject me to file a claim against (insert company name) per Minnesota Statute 181.14 Subdivision 2. Penalties and fees will accrue upon receipt of this letter. Failure to comply will constitute sending this letter to the organizations listed below on (state the day, date and year. Give them two days mail time.)

4) At the bottom of your letter include the following info: (example)

Cc:
(State) Department of Labor and Industry
xxx Road North
City, MN xxxxx

(name of county) County Government Center
(name of person you contacted), Court Administrator (Conciliation Court)
xx Second Street NW
City, MN xxxxx

(City name here) Chamber of Commerce
PO Box xxx
City, MN zip code

State the address for each place you are carbon copying! Make sure to include your name and address. No phone number.

Good luck!

2006-11-10 11:17:29 · answer #1 · answered by Anonymous · 0 0

I have in the past been in the same situation. Both times I have collected what was owed me by going through the state labor board and once with the Federal Labor Board. It took 2 years in both cases but I got the money.

2006-11-10 18:36:16 · answer #2 · answered by Anonymous · 0 0

Nationaaal Labor relations Board

2006-11-10 18:36:42 · answer #3 · answered by copestir 7 · 0 0

Wage and Labor Board. Or Wage and Hour Board. I think that's a state office, but I can't remember. I had an ex-employer not pay me my last 2 weeks of pay once and had to get them involved.

2006-11-10 08:48:58 · answer #4 · answered by Jessie P 6 · 1 0

What state are you in? I had a problem getting my earned vacation in Iowa. In Iowa it is called the Iowa Workforce Development. Contact your local job service or unemployment office. Explain your problem to them & they will refer you to the appropriate contact in your area, including a phone #. It is a hearing process so know what you will say before you contact them. You will need proof of your accusations & a labor contract book from your employer or an employee manual. Good luck!

2006-11-10 18:50:29 · answer #5 · answered by Nancy L 4 · 0 0

Better Business Bureau, Dept. of Labor, and Chamber of Commerce.

2006-11-10 18:38:51 · answer #6 · answered by sjsosullivan 5 · 0 0

Contact the states department of labor or the attorney generals offices. They can be in big trouble, most states don't tolerate this nonsense.

2006-11-10 18:39:29 · answer #7 · answered by deno 3 · 0 0

Start with the Board of Labor. They will investigate and see that you get wages owed to you.

2006-11-10 18:38:44 · answer #8 · answered by profile image 5 · 0 0

Contact your local labor department

2006-11-10 18:32:47 · answer #9 · answered by wicked_wahine 2 · 0 0

You need to contact the Department of Labor. In fact, in order for you to sue, you need to have a letter issued from this department that is called: "right to sue."

2006-11-10 18:38:32 · answer #10 · answered by Kat 6 · 0 0

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