I believe in the state of UT they are supposed to pay within 24 hrs. I will not get an unemployement check now until the end of May. Should I consult with an attorney or just report this to the labor commission?
You should consider both. In Utah, unless your termination is voluntary, your employer is required to pay you within 24 hours.
The Utah Code specifically states that An employer must pay an employee who has been discharged or laid off all wages due within 24 hours of the termination. Utah Code 34-28-5:
If you were laid off and your employer has not paid you your last wages, your employer is in violation of the statute. You can argue that your wages continue to "accrue" until the employer actually pays them (but you must make a written demand on your employer first). (See the statute linked to above).
It is also worth noting that failure to comply with the statute is a misdemeanor in Utah. I would report the issue to the Wage and Hour Division of the Utah Department of Labor and see if they suggest getting an employment attorney involved. Hopefully, you will be able to recover your wages without having to pay for a lawyer. But sometimes lawyers are necessary.
Best of look to a fellow Utahn!
My thoughts and comments are for general information only. The do not constitute legal advice and they should not relied upon as such. My thoughts and comments do not form an attorney-client relationship--I am not your attorney. Please seek the advice of a licensed attorney before taking any acts based upon my thoughts and comments or the comments of others.
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