I quit my retail position and gave 2 weeks notice. The store manager has refused to mail me my final check and says that I must pick it up in person. She has mailed other people's checks after they left (even though it takes her months). My paycheck is sent to the store in a sealed envelope with my address pre-printed on in. Is is legal for her to refuse to send it?
2007-11-13 15:59:00 · 5 answers · asked by Sarah D 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
I quit my retail position and gave 2 weeks notice. The store manager has refused to mail me my final check and says that I must pick it up in person. She has mailed other people's checks after they left (even though it takes her months). My paycheck is sent to the store in a sealed envelope with my address pre-printed on in. Is is legal for her to refuse to send it?
~It isn't exactly a major problem for me to pick it up but I quit the job because of the way this person treated me and she has come to my new job harassing me once already (I've been at my new job 2 days) so I am rather uncomfortable going back to pick it up.
~I have no keys, company property or information.
~My last day was in the middle of a pay period so I had to wait a week for the check to be issued by the corporate office. Checks expire after 90 days.
2007-11-13 16:56:19 · update #1
It probably is illegal, but is it a major problem for you to go get it?
2007-11-13 16:08:05 · answer #1 · answered by supertop 7 · 0⤊ 1⤋
Your employer is required to hold your check at the work site for 72 hours from the time you quit, after that it can, and should be mailed.
If she fails to mail it, and have it postmarked no later than 3 business days from the day you quit, the company can be liable for punitive damages for each day after that which your check is being held.
One exception:
If you have keys, company purchased uniforms, computer password, client lists, or any other equipment that needs to be returned, you must return them before getting your check.
Provided you do not have any company property, and you still have not received your pay after 4 business days, contact an HR/Personnel attorney, and explain to them the circumstances.
2007-11-14 00:41:50 · answer #2 · answered by PacificHR S 6 · 0⤊ 0⤋
No, she must give you the check, you could be unable to go or just not want to. Why would she want you around once you have quit?
2007-11-14 00:09:45 · answer #3 · answered by shipwreck 7 · 0⤊ 0⤋
There is not federal law addressing this. There are some state laws, you need to look up for state (stategov) labor laws.
2007-11-14 02:10:25 · answer #4 · answered by Squat1 5 · 0⤊ 0⤋
It's legal. They have to provide a check in some fashion, not necessarily a fashion that is convenient for you.
2007-11-14 00:28:08 · answer #5 · answered by shoredude2 7 · 0⤊ 1⤋