Let me present my case, and you judge whether or not I have a right to be upset and take action.
I'm not much into employment law, but I think that my former workplace may be in violation of a law(s) for not giving me my paycheck. I worked until August 6, and should've received my paycheck the following Saturday. I didn't know whether they'd mail it to me or have me come in and get it, as I was no longer employed there. I had school on Saturday, and didn't think about it until Monday, when I realized I hadn't been paid. I thought, no big deal, and called the manager to see about picking up my check. She obviously had forgotten to do it, and said something like she thought the owner might've wanted to write it since it was my final check. I thought that was kinda weird, as he always lets the manager write the checks. She had me call him, to tell him to speak to her about it, which again made no sense. I called him, he said ok, and that he'd call her. That was around 3. I waited until that evening, around closing time, and still hadn't heard anything. I figured the owner, being pretty unreliable, didn't call her. I called her to let her know that I did speak to him, and I didn't want to be pushy, but I wanted my check before I got into classes and forgot about it. she said he failed to call her, but that she'd go ahead and get my check out in the mail so I'd get it Tues.
Well, it's Wed., and still no check. It kind of bothers me - I don' t know why, but I feel like I'm being played. It's only $100, but it could really help me, since I quit work to go back to school. Incidentally, it's a law school that I'm attending, for paralegalism. I do know the company is in financial troubles - the owner waits until the late notice comes in before paying the electric bill. He has been good about having the manager write our checks out on time, however. I think that maybe the owner decided that he wanted to be the one to write my final check, and just totally forgot about it. Whatever it is, it's making me mad. Isn't there some kind of law against not paying employees on time? They'd better not try some shady deal and say they paid me when they did not. If this happened to you, when would you say something, and what? I will wait a couple days, but if I don't get it or don't hear anything, I'm not just going to drop it. I'd love to hear what my professor's (a lawyer) opinion on this is. We don't deal in depth with any particular area of law, so I don't think it would be covered in my texts. What would you do - I'm looking for opinions, legal and otherwise.
Originally posted by Art_Critic
By law they have to give your last paycheck at the next payroll pay period..
Whenever that is .. If it is every Friday and you get fired on Friday you have to wait until next friday to get your check.
Around here the 15th is payroll so when an employee makes an exit they get their paycheck by the 15th that is coming up.
That is what I thought! We are paid weekly, so the pay period for that check would've been the 1st week of August. I wonder if that is "common law," or comes from a particular case (the foundation of the law) that I can cite. I think it's called a statute? Like I said, I am new to law and all the terminology. So, I'm not sure where to go from here - if I don't get it by tomorrow, and I call, they continue to make excuses or claim it was lost in the mail or what not (which, honestly, I'd not put past them - you have to know this company), should I tell them that they're breaking the law? I don't want to go there with them because I don't have the time, but it's ridiculous that neither one of them can sign a check and mail it out (or have me come get it) within this timeframe. It's their responsibility - I shouldn't have had to call Monday, and I sure as hell shouldn't have to call this late!
Well, I did that, but the closest thing I found was Ohio employers have to pay employees at least semi-monthly. I'll do more extensive searching later. Hopefully, though, they will get their act together soon and pay me!
I did a little on ohio after reading your post and the only thing I came up with was this advice on getting the info :
"Your initial step is to visit your local library and check the labor laws of your state. You can also contact your state Department of Labor or employment to get verification of your state's regulations. Quite possibly, you probably can put a lien on his business for back wages owed. If you record the lien, your former boss must also pay for a lien release that he can record. Your second step then is to march into his office and demand the check, while explaining to him the ramifications of a lien on his business. It is quite possible that he will write out a check"
I would contact your state DOD or DOE or hit their webpage..
I called the manager again this morning, who said that she hadn't heard anything from the owner, so she assumed that he'd taken care of it. She said she thought he was out of town, and that's why she heard nothing from him. He advised me to call him again and to have him call her to give her permission to write out the check. Why she can't or won't call him directly, I don't know?? I did, and he said ok, I'll call her (which is what he said last time). She, after hearing from him, was supposed to call me to come in and pick it up. I don't know whether the owner is just that scatterbrained - he honestly is bad about getting back to people - or I'm getting the royal runaround. Either way, I'm hopping mad. It's been a week. It's just the principle of the thing. If she doesn't call me by the end of the day, I'll assume that he didn't call her. I'm planning to tell them enough is enough. I don't have time to go to the library, as I've got work to do this morning, but I'm sure that I am in the right on this. There has got to be something about withholding pay from employees. Hopefully, it won't come to that - I don't want to take them to court over $100, but I'm upset, and it's affecting my life.
Well, I'm happy to say they finally decided to pay me yesterday. At least, thanks to Art_Critic, I know where to look for info if this ever happens again!
Originally posted by SixthSt.Girl
Well, I'm happy to say they finally decided to pay me yesterday. At least, thanks to Art_Critic, I know where to look for info if this ever happens again!
Originally posted by april
I adore your signature line, SixthSt.Girl :
"You wouldn't believe how much it costs to look this cheap!" - - Dolly Parton
Thanks, lol. I got it from a catalog at a jewelry store where I used to work. It contained various celeb quotes on style. I thought it was ironic since the company that put out the catalog sells reeaally expensive jewelry that looks no better than stuff you'd find at Kohl's.
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Law and Order
So, I'm not sure where to go from here - if I don't get it by tomorrow, and I call, they continue to make excuses or claim it was lost in the mail or what not (which, honestly, I'd not put past them - you have to know this company), should I tell them that they're breaking the law? I don't want to go there with them because I don't have the time, but it's ridiculous that neither one of them can sign a check and mail it out (or have me come get it) within this timeframe. It's their responsibility - I shouldn't have had to call Monday, and I sure as hell shouldn't have to call this late! 
At least, thanks to Art_Critic, I know where to look for info if this ever happens again!
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