[venture5858]

My company downsized due to the economy & my job was eliminated. My employer owes me for nearly 1/3 of a check from approximately 90 days ago. I was paid 12/6/08 for earnings due on 12/01/08. I have not been paid my wages due 12/15/08 & don't believe I'll receive my final check on 12/30/08.

What recourse/options do I have to collect this pay? I would prefer not to go to court due to costs ionvolved. Is there an agency that can help with the collection?

Thank you
Sam Richmond

{e-mail removed-<>}

[excon]

Hello Sam:

We don't use email here. I'd even remove it, if I was you.

What?? $50 maybe $75 is TOO much to spend to get your last paycheck??

Sure, there are labor boards and things stocked up with bureaucrats who'll write letters and call them, and put them in a bad company data base... But, will that help collect?? Not if the company doesn't want to pay, it won't.

The only entity around who has any TEETH is your small claims court. Besides, if you win, you'll get your court costs back.

excon

[de_de_gc]

Sam, Try this:

(1) Call the person/department in charge of doing payroll. Explain that you will be sending a letter outlining why you are owed wages, and that you are anticipating being able to pick-up your check in x number of days. (Choose some reasonable amount of time for the mail to reach them and to process payroll.)
(2) Fax that letter to the appropriate person/department. Make sure that you put at the top of the letter "Transmitted via facsimile to xxx-xxx-xxxx and Via U.S. Postal Service."
(3) Send the letter certified return receipt requested.

At this point the arrival of the letter via mail will be your third contact with them. Be polite but firm.

On the day you said you will be picking up your check, call them in the morning to remind them what time you will be there and what you are expecting to receive.

(4) SHOW UP 15 MINUTES LATER THAN YOU SAID YOU WOULD.

If they pay you, GREAT! IF not, advise them that you are leaving their location to go straight to the Labor Law Attorney that you have an appointment with, who will be contacting them "within the week "(for example). So far, I have seen the threat work very nicely. It has been very rare that I actually see people have to actually sue.

Good Luck! Let me know if this is of any use to you.