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legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 9373
Experience:  Just Answer consultant at Self employed
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It has been 2 weeks since being off from my company due to

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It has been 2 weeks since being laid off from my company due to lack of investors. I have not received my final paycheck or my expense reimbursements for January thru March as of yet. I was told on April 3rd they would be sending the checks that week then again last week I was told on Friday. I have emailed my former VP and he has not responded to me as of this evening. They are located in Seattle and I am in Colorado.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Let me check. I was full time Sales Manager, Salaried. Expenses included mileage as well as I used my own vehicle.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: They are in WA
JA: Anything else you want the lawyer to know before I connect you?
Customer: I work and live in Colorado (remote)

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 1 month ago.
Thank you. I just want to make sure I am waiting the appropriate time and what steps I should take or what rights I have.

I am sorry to hear this;

Under Federal law, the employer must provide the paycheck at the end of the normal payperiod; please see:

https://www.dol.gov/general/topic/wages/lastpaycheck

WA law is the same per code § 49-48-010.

A complaint can be lodged here:

http://lni.wa.gov/FormPub/Detail.asp?DocID=2367

and they can be sued in small claims for cases under $4,000; otherwise in general civil court.

It is important to act quickly in case the company declares bankruptcy; CH 11 generally does not affect wages as it is only a restructing; CH 7 can affect it but wages come right after secured creditors in regards ***** *****

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 month ago.
Should I reference the law in my correspondence with them? Or should I let them know that they have until Friday to provide my checks in full or I will file a complaint and contact an attorney?

When the law is referenced the person is more likely to be taken seriously because it shows they are aware of the law and likely talked to an attorney and are therefore more likely to follow up with a complaint/litigation.

legalgems and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Great. Thank you.

You are most welcome; good luck to you on this. Enjoy your evening.
Thanks for the positive rating.!