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Rebecca Lynn Covell

Rebecca Covell’s Answers

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  • On my last week of work, i didnt get paid and it's been more than 30 days since i last worked. what is my options

    i tried texting and calling them and they're telling me i'll get my check in the mail, IF I GET A CHECK. So idk

    Rebecca’s Answer

    Unless there is a reasonable good faith dispute as to the amount of wages you are owed, your employer should have paid your final wages by this point. In Arizona, an employer must pay all wages due to a discharged employee within seven working days or by the end of the next regular pay period, whichever is sooner. If the employee resigns, payment must be made by the next regular payday (which generally must occur two times per month, but can occur once per month for out-of-state employers whose payroll systems are located outside Arizona).

    Employers generally are not allowed to withhold wages, unless (1) they are required to by law (e.g., withholding taxes), (2) they have the employee's written consent (e.g., payroll deductions for group health insurance premiums), or (3) there is a reasonable good faith dispute over the amount of wages due. If, for example, you still possess equipment belonging to the company, your employer could withhold an amount equal to the value of the equipment until it is returned.

    If there is no basis for your employer to withhold your wages, you may be entitled to treble damages (three times the amount of the unpaid wages). You can proceed by filing a complaint in superior court (in which you could make a claim for treble damages) or by filing a claim with the Arizona Industrial Commission (in which case you would NOT be entitled to make a claim treble damages).

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