Can I sue my former employer?

Question

It's been over a month and still have not recieved my last paycheck? Isn't it that they have to pay you any money on the books within 72 hours or by your normal payday?

Answer 1

All states vary in laws. Some require same day or within three days. In my state it is required by the next pay period. This is simple. Contact the State Department of Labor. The wage & hour division who handles these complaints. It is free and they will get you your monies. Call 1-866-4-USA-DOL. They will refer you to the appropriate office for your state.

Answer 2

It is going to depend on a varying set of conditions:

1. State where you were employed, not where you live, because these can be different, ask people who work in NYC, Sioux Falls South Dakota have vastly different laws than their neighbors where a number of people live.

2. Is there anything you owe your employer for? Some states they are allowed to withhold the paycheck until the items are paid for, in others they can withhold the amount owed, in others they cannot withhold the check or any amount from the check.

3. Did you quit or were you fired?

There are a number of others that can be listed, but those are the big three in my book.

Answer 3

If you are fired they have to pay you on the spot, if you quit they are supposed to pay you by the next regular pay day. (Laws vary by state, you need to check your states web site for labor laws, and wage and hour laws)

Have you contacted the company to see what the hold up is? Do they have the correct mailing address for you? Call them up and find out if you can come in and pick it up in person. Make sure you check your pay stubs to see how the pay periods run. Do they pay ahead of schedule? Do they pay current with each check? Talk to your office manager or H.R. to see what the problem is.

If all that has been done, money is owed to you, you have record of your efforts to work things out with the employer (called on 6/1 at 9:30am, said "check will be mailed out". Called back on 6/10, etc....) then go see your local office of wage and labor to file a complaint for unpaid wages. Bring your records with you and your last pay stub to show that you are owed wages. They will file a complaint with the employer.

Answer 4

For what you're going to pay in legal fees, you should make it your absolute last resort!

Try calling the payroll dept. If that doesn't get you satisfaction, send a certified letter, asking for your pay to be sent to you within 7 days from receiving the letter, to the head of that department, with a copy to your former supervisior. Keep a copy of that letter, along with the return receipt. If you're not paid a week after you can prove they got the letter, contact the department of labor in your area. They can pay a visit or make a phone call to get you paid.

Answer 5

Have you asked the reason they haven't sent it to you? Perhaps they think you owe them for something and won't cut your check until that is resolved. They should pay you on the normal payday at the latest. If they are holding your money just because they don't want to pay you, contact the workforce commission in your area. They will be able to guide you.

Answer 6

It all depends on the state you live in. If you live in Texas, they have to pay you within 6 days, California 24 hrs., most states, it is the next payday. if you haven't received it yet, i suggest you contact the Dept. Of Labor, they will definitely get it for you. You haven't moved and not told them have you? If so, it may be deposited with your state government.

Answer 7

They are supposed to pay you by your normal payday. Call the state department of labor, a phone call from them will get your check that day!

Answer 8

You must first, in California, submit a claim with the Department of Fair Housing and Employment. it is easy, and I believe you can do it on line if you don't have transportation. Usually, this will do the trick, but if it does not, then you can sue once the DFHE sends you your "right to sue" letter if they can't get it resolved.

Answer 9

it is not what you comprehend occurred that wins circumstances. this is what you may teach occurred. there's no longer sufficient education right here to % regardless of in case you have a case. have you ever considered a psychiatrist approximately your rigidity and psychological abuse? Did all and sundry witness the harassing incidents? Did you talk them with all and sundry as they occurred? i'm unsure what you mean bu "near to assaulting." Did he place you in functional apprehension of offensive touch? (it is lawspeak for "did you think of he grew to become into going to touch you inappropriately or hit you or worse?") Did all and sundry witness it? Did he document any shortcomings on your overall performance (deserved or no longer) and counsel you on them in the previous you left? it ought to look undesirable if he were counseling you on overall performance after which you end and record adventure for unproven, unwitnessed stuff. in basic terms some concepts. confer with a criminal expert in a loose consultation in case you like. i would not be confident until you may teach the harassment.

Answer 10

unfortunately not. my husband had this experience and it took him about two months to get his paycheck. have you gone by your old job to see if it's there. that's where his was. if it takes to long you might want to check with a lawyer that gives a consultation free and see what they have to say about it. it's possible that whatever state you live in the laws may differ from my state.