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-   -   Last paycheck (https://www.askmehelpdesk.com/showthread.php?t=515030)

  • Oct 9, 2010, 09:11 AM
    hbramos
    its been about 3 weeks now and since I resigned from my job and they still won't give me my pay they do answer when I call but the manager just says random week days what can I do or is there a fine for them?


    its been about three weeks since I resigned from my work I was only there about a week still in training it was hourly plus commission and the manager keeps telling me the next day and the next day what can I do?"
  • Oct 9, 2010, 09:58 AM
    Fr_Chuck

    Please only post your question once, I have merged them

    Assume at this point they are not planning on paying you.

    Not knowing what type of business, if larger do they have a HR department ?

    But report them to the department of labor and you can also file a case in small claims court for the money they owe you.
  • Oct 11, 2010, 11:51 AM
    Wildsporty

    HBramos,

    It is always best, easier and quicker to settle with the company. If it has been 3 weeks you are probably going to have a problem collecting your pay.

    What I suggest you do is to send a certified letter to the company asking for your final pay, keep a copy of the letter for yourself.

    If you do not receive your pay within a reasonable time after sending the letter than take a copy of the letter and visit your local Department of Labor.

    You will file a claim for unpaid wages, the department will investigate the claim and if they find you are owed wages they will force the company to pay the wages due to you.

    Depending on the state you are working in this may or may not result in a fine or penalty for the company.

    If you are in California you may be paid a premium for waiting for your wages. There are a couple of other states that also do this but not many.

    Good luck!

    Shirley
  • Oct 11, 2010, 12:37 PM
    ballengerb1

    So you say you resigned 3 weeks ago but when was your last work day and do you know their pay cycles. Its common for a pay cycle to be two weeks behind a work schedule ending.
  • Oct 11, 2010, 01:32 PM
    Wildsporty

    It is true that some states allow you to be paid the next payday after you resign... except if you give written request for your check.

    In most states if you give a written request the company has only a limited time to issue the check. In Idaho it is 48 hours if written request or fired otherwise next payday.

    Also in most states hourly pay cannot be paid less than twice a month so in most states 3 weeks is too long. Unless you have a monthly payday and quit the second day of the month. That would be a real long shot.

    I think this is not the case because otherwise the supervisor would not keep telling you tomorrow you will be paid.

    It sounds like they do not intend to pay you for this time and you will have to have the DOL intervene on your behalf.

    If you need their contact information let me know in which state you work and I can get that for you.


    Shirley

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