How long does a company have to send checks to employees that quit? Is it illegal to not send them?

Question

The employees in question either quit or were laid off over a month ago and have not recieved their checks. Is there anything illegal about not sending checks for such a long time? I doubt the owners have any interest in sending them, and this is definately not the first time this has happened.

Answer 1

That would depend on state law and the terms of employment. Employers can withhold your final paycheck if you are in possession of anything that belongs to them. This could be a key, uniform, computer disk, basically anything that belongs to your employer.

Answer 2

Depending on WHERE you are, they may not be required to SEND you the check at all. As long as they make the check available at a reasonable location at reasonable times.

In other words, have you tried to pick up the check at your former work location? If not, the check may be sitting there waiting for you.

Answer 3

Depends on the state law. Usually they have to be given on the last day of work, or postmarked the following day. Of course it is illegal to not send money that they have earned.