I used to work at this food plant in Asheboro, NC and all of the sudden said they didn't need me. I was shocked but wasn't horribly sad cause I hated the job.

However now it's been over a month and still have not received my last check. I have called and they said they would send the check.. It's been a week since that phone call. I am pretty sure they are not going to send it...

What are my rights? Can anyone help?

Contact your local labor board.

First ask them for a check number, and ask them what address it was sent to. Have you moved since you first started? Most major, large businesses do pay ( assuming this is a large company)

But you can contact the department of labor, and also at some point sue them for the money in small claims court

Quote:

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Originally Posted by easymilt

I used to work at this food plant in Asheboro, NC and all of the sudden said they didn't need me. I was shocked but wasn't horribly sad cause I hated the job.

However now it's been over a month and still have not received my last check. I have called and they said they would send the check.. It's been a week since that phone call. I am pretty sure they are not going to send it...

What are my rights? Can anyone help?

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Here are the instructions to file a claim for unpaid wages with the North Carolina Department of Labor and also their contact information.

You are supposed to have a final check upon termination by the next regular payday. If your employer pays vacation it must be on your final check.

Wage Complaint - How to File
In order for the North Carolina Department of Labor’s Wage and Hour Bureau to be able to assist an employee with a wage problem, a complaint has to be filed with this office. To file a wage complaint, call the Call-Center at (919) 807-2796 (Raleigh) or toll-free (NC only) 1-800-NC-LABOR (1-800-625-2267). An Information Specialist will take the complaint information over the telephone and enter it into the computer data intake system. To better serve you, please have the name of the business and the name and title of the official we need to contact including this official’s email and postal mailing address and telephone number; we also need your email address if you have one. An employee may file a wage complaint against a business on behalf of other employees who have the same wage problem. We cannot take anonymous wage payment complaints, but you may request that your name not be used in the investigation if the wage problem is happening to other employees. If the wage problem pertains only to you, then we must use your name in the investigation. Our Call-Center is open from 8 am to 5 pm, Monday through Friday.

An employee may also take legal action on their own, including small claims court if applicable, without first having to file a wage complaint with this office. But an employee cannot come back to us to file a wage claim if they take their own legal action in court regardless of the outcome. However, if an employee files a wage complaint with us and we cannot resolve their complaint, then they are still free to take legal action on their own.

NOTE: We do not take wage payment complaints of $50 or less. And if your wage complaint deals with your last paycheck, you must wait 10 days after the payday in order to file a wage complaint with this office.

For information on taking your own small claims action, please click on SMALL CLAIMS. (Note: While this link is for Wake County, small claim procedures and forms are the same throughout North Carolina. You need to contact your local county Clerk of Superior Court for information on how to file a small claims action in your county.)



North Carolina Department of Labor
Wage and Hour Bureau
1101 Mail Service Center
Raleigh, NC 27699-1101
(919) 807-2796 or (toll-free NC only) 1-800-NC-LABOR
Web site: N.C. Department of Labor

Good luck with this.

Shirley