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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12182
Experience:  JD, MBA
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My employer last pay period my check was due April 12 and did

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My employer last pay period my check was due April 12 and did not recieve until April 22. Should have gotten pain April 26 and yet to recieve that pay check. Even though I submit my paperwork on time with confirmations from my fax. They wait until 2 days before pay day to say they didnt recieve something and then of course no pay check. What are my options because when I emal and leave messages asking about my check no response and I strongly feel there's an agenda. I have already resigned so it's all a mute issue
Hello and thank you for allowing me the opportunity to assist you.

If your former employer does not pay you when the money is due, then you have the option to sue the former employer in small claims court. Unfortunately, Florida does not have a law which dictates when a final paycheck must be paid, but you certainly have a breach of contract claim against the employer if he does not pay you what is owed at least on the regular pay period. This is something that you should be able to handle yourself in small claims court. I do not think that you would need an attorney for this type of lawsuit. In fact, once the lawsuit if filed, I suspect that your former employer will voluntarily pay you the money so that the lawsuit is dismissed. In fact, prior to filing the lawsuit I would send the former employer a letter and a copy of the complaint form filled out. I would explain that if the paycheck is not received within 5 days, then you will file the lawsuit. I suspect you will be paid. You can get the required forms from the local court clerk.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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Customer: replied 4 years ago.

He can he hold my checks based on him saying some of documentation is missing even though I resend numerous times and then they'll recieve it and claim something else is missing and before you know it 2 weeks go by without a check and increased harrasment

Hi again.

If your former employer refuses to give you the check, then you'll need to sue. That is the only way to force somebody to give you money if he otherwise refuses to do so.
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