there are no reasons for withholding the paycheck. After giving a letter of resignation two weeks prior to departure. We also called and gave a verbal resiggnaton on the phone, as they were out of the state during this time.they have given no reason for withholding the Check. there are no monies owed to the company. there is no property Keys, equipment(tablets,laptop) or swipe cards in our possession all were turned in on the date of resignation. resignation was accepted witt further explanation over the phone where everything appeared to be fine. when attempting to make arrangements By phone to pick up final paycheck we were told you will not be getting your final paycheck..are there penalties for an employer for not paying an employee. everyone else got their check on time.
Great question. I hate to hear about your situation, but it's more common than most people think. Many employers believe they can withhold a paycheck and that the employee will probably just move on. Employers wrongly think that it would cost a fortune for you to hire a lawyer to pursue a single paycheck.
But that's wrong. The law, in fact, imposes severe penalties on employers that withhold a single paycheck, or that withhold wages for even a few hours of work. Under most circumstances, your lawyer, if you hire one, can recover attorneys' fees from the employer, and those fees can greatly exceed the amount of the paycheck or unpaid wages. Congress set it up this way so that employees like you would not have to hire a lawyer every Friday just to get paid.
So here's the bottom line. Based on what you've reported, there would be no basis for the employer to withhold your check. If you tried and cannot get it, reach out to a lawyer who handles wage and hour cases. Be sure to pick an attorney who specializes in representing employees. Have that lawyer write a letter to your employer and tell the employer that the lawyer is going to file a lawsuit unless your check is received by a certain date. Most lawyers will write a letter like that at no charge. That should be enough. If it isn't, you can retain the lawyer to file the claim and to seek fees from the employer to pay for the attorneys time.
Good luck. I have great respect for people like you who are willing to put up a fight, regardless of the amount involved, when an employer has engaged in wrongdoing. Jim
WONDERFUL DISCLAIMER HERE ABOUT MY POSTINGS: Internet forums are a great place to start, but they're never a substitute for real conversations. The back and forth in a conversation with a lawyer is what allows the lawyer to separate the important from the unimportant and zero in on the right problem and the right answer. Thank you. Jim
Yes there are penalties, the company may need to pay your attorney fees and double the amount they owe you. Have a free case evaluation with an employment attorney so more facts can be gathered and your options explained. How long has it been?
No penalties per se, but these claims come with an ability to recover for attorneys fees and costs. Contact a lawyer of your choosing to reach out to the employer. When employers learn of this they generally pay up quickly. Best of luck and hope this helps.
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