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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11506
Experience:  Significant experience in all areas of employment law.
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I was off on October 16th and was to receive my last pay

Customer Question

I was laid off on October 16th and was to receive my last pay check the next day I received a check for 0.00 I went back and forth with the HR company they use an they gave me the run around for weeks after that I reached out to the ceo and was finally paid my last check on november 28th. Am I entitled to pay for each day it wasn't paid?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. What is your employer's reason for not having paid you sooner? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
The HR company said that triton had said they gave me a check at office when I was let go. Not true. After reaching out to CEO directly I was given the following reason: He thought my last day was paid on my last pay check.
Customer: replied 1 year ago.
He then said he would have them cut me a check the Friday after reaching out to him. And I did reserve payment
Customer: replied 1 year ago.
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Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

The penalty you are referring to applies if an employer "willfully fails to pay" the employee's final earned wages. Once you made your employer aware that they did not actually give you a check, any failure to pay you from that point onward would be a "willful" failure to pay your wages, thus entitling you to penalties. According to the law, these penalties accrue at the employee's average aily rate of pay for each day of delinquency up to 30 days. So, it would seem that an employee in your circumstance would be entitled to 30 day's wages as a penalty for your employer's failure to pay you on time.

This penalty can be most easily pursued by filing a wage claim with the Department of Labor Standards Enforcement. The DLSE will investigate and attempt to mediate a resolution with your employer. If they do not cooperate, the DLSE will hold a hearing and issue an order to pay the penalties. To file a wage claim with the DLSE, visit this link.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.