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Lady Themis
Lady Themis, Lawyer
Category: Employment Law
Satisfied Customers: 7751
Experience:  Wage disputes, workers comp, unemployment eligibility, etc.
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RE MN Statute 181.13 Penalty for failure to pay wages promptly.

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RE: MN Statute 181.13 Penalty for failure to pay wages promptly. When making a demand to a former employer for wages due for last day of work and the employer refused to acknowlege several e-mail messages requesting that that day be recognized as a workday (and therefore I should be paid for at least part of that day), I had to resort to the MN Dept of Labor & Industry to send a wage claim letter. This resulted in me receiving a half day's pay for that last day on the job (day that I was advised that I was terminated). I made my initial request to the former employer on 2/18/09 via e-mail. Employer finally paid on 3/02 after receiving above letter from MN Dept of Labor.Per MN 181.13 I should also receive 15 days of salary from the former employer as a penalty. I am willing to pursue this in court(at the recommendation of the M Dept of Labor). My question is as follows: Was my e-mail notice to the former employer sufficient per MN 181.13 or did I need to send a written letter via USPS?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Lady Themis replied 7 years ago.

Thank you for your question.


Actually, the statute does not require that your demand for payment of wages be in writing at all. The demand can be verbal. Therefore, an email demand is sufficient for purposes of this section. Obviously, keep a printout evidencing that you did, in fact, email your employer demanding payment of wages.



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Customer: replied 7 years ago.

Thank you,

Just trying to be totally prepared for presenting my case in court. Your information confirmed my suspicion that an e-mail should be sufficient demand. I assume that the former employer might state that they were never in recept of any e-mail messages.

I appreciate your prompt response.



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