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Final Paycheck Laws

Final paychecks are wages owed to an employee for work or services provided. The laws vary from state to state as to when an employer must pay the employee the final paycheck. It is important to check with your state statutes pertaining to final paycheck distribution to see how the laws will affect your final pay. Many states allow an employee to receive their final paycheck within 6 days of termination, while other states allow the employer to pay the final paycheck during normal payroll time. To learn more about final paychecks and final paycheck laws, take a look at the questions below that have been answered by Experts.

What can an individual do who is in Florida and has not received their final pay check?

You can let the company know that if you don't receive your final paycheck, you will contact the Florida Labor Board (FLB). When you file a complaint with the FLB, an investigation will take place and the company could face a fine or even be shut down if they refuse to pay you. Here is the link to the Florida labor board: http://www.floridajobs.org/

Another option is to threaten the company that you will sue. If you sue, a judge or jury will determine what the compensation will be and you may also be awarded attorney fees. However, most situations such as yours are generally taken care of by a letter being sent to the employer from an attorney demanding that you be paid your final paycheck.

If a former employer has an individual final paycheck and will not mail it, how can the individual receive their check without having to go to the home office?

In some situations, employers require a departure meeting with their employees. There may also be documents that need taken care of before your final paycheck can be released. If you know that isn't the reason, you should contact your former employer and ask that your final paycheck be mailed and that you will provide the postage paid envelope with return receipt. If the employer is unwilling to mail your check, ask if you can send someone in your place. In many cases, the employer will want you to be the person who picks up the final paycheck.

Can an ex employer hold the final paycheck for not giving two week notice in the state of Texas?

The reason you left your job is irrelevant, if you worked for the wages, the final paycheck is owed to you. Texas law states that an employer must pay an employee who has been terminated within 6 days. If the employee quite, they should receive their final paycheck when the rest of the employees are next paid.

If an individual was fired and did not receive their final pay check upon termination, does this individual have the right to pursue this matter legally in the state of California?

The California Labor Code requires an employer to pay an employee immediately if the employee is terminated. However, there are exceptions that would cover the three day delay. Section 203 of the California Labor Code also makes the employer pay the employees regular wage if the employer refused to pay the employees final pay check after being let go. This is how the law states:

Section 203 of the Labor Code says "If an employer willfully fails to pay, without Abatement or reduction, in accordance with Sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced; but the wages shall not continue for more than 30 days."

This means that if the employer doesn't pay your final paycheck within a certain timeframe, they will have to pay your hourly wage for up to 30 days. However, this doesn't apply if the employer attempts to pay you and you purposely avoid them in an attempt to gain more pay.

In the state of Maryland, how would an individual receive their final pay check from an employer who refuses to pay them?

Many state laws pertaining to this matter allow for the employee to recoup double or even triple the amount of their final paycheck when an employer willfully holds the final paycheck from the employee. However, Maryland doesn't have a law to this effect so you will have to take the employer to small claims court. Employers in Maryland are required to pay an employee or the person who represents the employee all the wages due to them on or before the normal pay period as if the employee had not been terminated. This means that you should have received your final paycheck on the normal pay period following your exit from employment.

You work for your wages; you should be paid, right? Well, not always. In some cases an employer will refuse to pay an employee a final paycheck or take their time in paying the employ. There are laws that protect employees from this type of behavior. If you have questions or issues regarding your final paycheck, you should ask an Expert for legal insight.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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15 Lawyers are Online Now

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Tina
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