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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15279
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My fiancé was terminated from job with company based in Corning,

Resolved Question:

My fiancé was terminated from job with company based in Corning, NY. He had been told that he would be paid after returning the laptop and I-phone that had been issued to him for work. The company said they sent his check in the mail, which never arrived. It has now been over a month and he has made numerous attempts to contact the company and voicemails and e-mails have not been answered. Can we go after that company in a legal fashion to get his money? If so, would we need a lawyer from NY? We live in Denver.
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

under N. Y. Labor Laws § 191, an employer must issue a final paycheck to a terminated employee on or before the next regularly scheduled pay date. Likewise, pursuant to N. Y. Labor Laws § 191, an employee who quits his or her job is entitled to receive his or her final paycheck on or before the next regularly scheduled pay date.

wallstreetfighter :

Since the employer has violated the law,

wallstreetfighter :

you can either sue him, or file a wage complaint with the State Department,

wallstreetfighter :

an official complaint may be better and faster than hiring an attorney to handle this matter,

wallstreetfighter :

Wage and Hour/Labor Standards - State Agency


New York Department of Labor
Division of Labor Standards






















Albany District Office
State Office Campus
Bldg. 12, Room 185A
Albany, NY 12240
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Albany, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Green, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington
New York City District Office
345 Hudson Street
New York, NY 10014
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Bronx, Kings, New York, Queens, Richmond
Binghamton District Office
State Office Bldg.
44 Hawley St.
Room 909
Binghamton, NY 13901
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Allegany, Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga, Tompkins, Yates
Rochester Sub-District Office
109 South Union Street
Room 318
Rochester, NY 14607
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming
Buffalo District Office
65 Court Street
Room 202
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Cattaraugus, Chautauqua, Erie, Niagara
Syracuse District Office
333 East Washington Street
Room 121
Syracuse, NY 13202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Cayuga, Herkimer, Lewis, Madison, Oneida, Jefferson, Onondaga, Oswego, St. Lawrence, Seneca
Garden City Office
Suite 101
400 Oak Street
Garden City, NYNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Nassau, Suffolk
White Plains District Office
120 Bloomingdale Road
White Plains, NY 10605
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Orange, Putnam, Rockland, Westchester
wallstreetfighter :

You would file the complaint at the office closest to the Corning offices,

wallstreetfighter :

once a complaint is made, the wage office, will usually force the employer to pay you as soon as possible.

Customer:

So, would the best route be to file a complaint with the closest place there in New York?

wallstreetfighter :

yes, they should handle the matter, without any fees

wallstreetfighter :

If they do not then you would have to bring a small claims suit against them if the amount is less than $5000

wallstreetfighter :

in NY

Customer:

The company is Corning Data Services and they were supposed to do direct deposit but did not. My fiancé had only gotten one paper check and then when he got a second paycheck that company had taken over $1000 out to cover his equipment.

wallstreetfighter :

they cannot do that with his written authorization,

wallstreetfighter :

so he could recover that amount as well

Customer:

He got terminated because he was not following their unethical business practice of lying to the client and withholding information to the client he had been sent out to provide computer system services for in New Jersey.

Customer:

We knew he was supposed to return the laptop and cellphone when they terminated him, I had wanted him to hold onto the equip. until he got his paycheck, but he was then contacted by the recruiter that had placed him into that job and instructed to return the equip so that he would get paid.

Customer:

He did return the equipment and was then told by the HR dept at Corning Data Services that his check was mailed out but that was a month ago. No money and no one has returned either email or voicemails .

wallstreetfighter :

the employer cannot withhold a last paycheck for unreturned equipment

wallstreetfighter :

they are in clear violation of NY law

Customer:

Don, my fiancé, has determined that Corning Data Services owes him close to 6 or $7000.00

wallstreetfighter :

He would need to sue him in NY Civil Court, as small claims only goes up to $5000

Customer:

Is that something that can be done long distance, or would we need to somehow do that out there?

wallstreetfighter :

no you can call a local NY attorney and he should be able to sue them there in NY without you,

Customer:

Would we also be able to try to get the company to pay for any incurred legal fees since this has made a very substancial financial strain on us? I mean, Don is trying to find another job of course, but does not have the funds to fly out for a "meet and greet" for another potential job due to the financial hardship this has put on us here.

wallstreetfighter :

yes, you can ask for legal fees and expenses,

wallstreetfighter :

including interest \

Customer:

The equipment was returned in good faith that he would then get paid. H

Customer:

We had also confirmed that the company received the equipment.

wallstreetfighter :

He needs to file the complaint ASAP, and litigate the matter,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

ok, thank you. so, for us to find a lawyer in NY to handle this kind of suit, don't we need to pay a large fee upfront to get the process started?

wallstreetfighter :

You should be able to get an attorney to sue on a contingency fee, meaning they will get paid after the suit or settlement,

wallstreetfighter :

The above is a link of NY wage lawyers in that area

Customer:

Ok, we will try that. Thank you for your assistance. I hope this will work.

wallstreetfighter :

good luck

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15279
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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