How long does an employer have to pay you your last paycheck?
4 attorney answers
Generally, Florida law gives employers 15 days to pay. BUT that 15 days does not start until you have requested payment from the employer in writing.
From FL Stat §448 - the person aggrieved shall notify the employer alleged to have violated this section, in writing, of an intent to initiate such an action. The notice must identify the minimum wage to which the person aggrieved claims entitlement, the actual or estimated work dates and hours for which payment is sought, and the total amount of alleged unpaid wages through the date of the notice. The employer shall have 15 calendar days after receipt of the notice to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved.
Note: Withholding your pay might be a violation of Federal law also. Federal law does Not require notice.
In order to determine your rights, you should discuss this matter with an Employment Attorney.
You should be paid for the work you performed within the regular pay period. Have you asked your former employer about the missing payment? That might be a starting point. You may also need to obtain an attorney to represent your interests. Did you file for unemployment? If you actually are involved in misconduct, unemployment will most likely be denied.
Please understand that this answer does not create an attorney client relationship between us and I am not acting as your attorney without a signed retainer agreement. The information provided is general information only. Each case is unique to the factual circumstances surrounding it. I am licensed as a Florida attorney and in no other state.
Your employer should have paid you with the next regularly scheduled payroll. You have not provided enough information to know whether you were classified as a nonexempt employee eligible for overtime pay. If you were not exempt, you may have a claim under the Fair Labor Standards Act. You should consult with an employment attorney. Good luck.