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Patrick, Esq.
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Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am working in South Carolina and my employer let me go. My

Customer Question

I am working in South Carolina and my employer let me go. My problem is my employer agreed that they would pay me $2,000 for moving expenses and when they let me go I did not receive it in my final check.
To my knowledge they have to pay me the money they owe me in my final check or they have to pay three times the money due. I contacted them and they said that they will send me the money at the end of this month. Can they do that?
This is a national company.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The law you are referring to is South Carolina Stat. 41-10-50, which provides: " When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days."

Section 40-10-10 defines "wages" for this purpose as follows: "(2) 'Wages' means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter."

Moving expense reimbursements are not a form of "wage" pursuant to this definition. They are simply a form of cost reimbursement and 41-10-50 does not impose penalties for failure to reimburse costs by the next regularly scheduled payday. So, I'm afraid your sole recourse would be to claim interest for the delay in repayment through a lawsuit in civil court. However, the amount you'd stand to recover would be so small as to not be worth pursuing, and so really there is no sense in pursuing legal action unless your employer fails to pay altogether.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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