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?
St. Louis Park, Minnesota
After several attempts(via phone and e-mail) with former employer (Mich based corporation with new office in the Twin Cities-St. Louis Park, MN )to have them recognize that my last day of employment was the AM of 2/03/09(I am in Sales and was called into the local office by the Branch Mgr and the Regional VP on that day for a conference call-which turned-out to be a notice of termination for "lack of sales"),I contacted the State of MN Dept of Labor for advice.They sent a wage claim to the former employer and due the possibility that a penalty could be assessed, they paid me for the day in question(1/2 day).Check was dated 3/02.
E-mail requests by me were made on 2/18, 2/19,2/20,and 2/24 to the HR Dept of the employer. Only two reponses were made by the employer on 2/18 and 2/19 and both stated flatly that my last day was 2/02/09, not 2/03.
No phone calls were returned to me and the check for 1/2 day pay had no explanation enclosed.
I am ready to proceed in court as a next step for the penalty that apparently is due to me by the former employer.
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.
Wage disputes, workers comp, unemployment eligibility, etc.
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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