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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.
Since the employer has violated the law,
you can either sue him, or file a wage complaint with the State Department,
an official complaint may be better and faster than hiring an attorney to handle this matter,
Wage and Hour/Labor Standards - State Agency
New York Department of LaborDivision of Labor Standards
You would file the complaint at the office closest to the Corning offices,
once a complaint is made, the wage office, will usually force the employer to pay you as soon as possible.
So, would the best route be to file a complaint with the closest place there in New York?
yes, they should handle the matter, without any fees
If they do not then you would have to bring a small claims suit against them if the amount is less than $5000
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.
they cannot do that with his written authorization,
so he could recover that amount as well
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.
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.
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 .
the employer cannot withhold a last paycheck for unreturned equipment
they are in clear violation of NY law
Don, my fiancé, has determined that Corning Data Services owes him close to 6 or $7000.00
He would need to sue him in NY Civil Court, as small claims only goes up to $5000
Is that something that can be done long distance, or would we need to somehow do that out there?
no you can call a local NY attorney and he should be able to sue them there in NY without you,
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.
yes, you can ask for legal fees and expenses,
including interest \
The equipment was returned in good faith that he would then get paid. H
We had also confirmed that the company received the equipment.
He needs to file the complaint ASAP, and litigate the matter,
If you have any further questions please do not hesitate to ask.
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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?
You should be able to get an attorney to sue on a contingency fee, meaning they will get paid after the suit or settlement,
The above is a link of NY wage lawyers in that area
Ok, we will try that. Thank you for your assistance. I hope this will work.
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