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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19177
Experience:  Employment/Labor Law Litigation
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I quit my job the Friday before Christmas and I have asked

Customer Question

I quit my job the Friday before Christmas and I have asked that my last paycheck be mailed to me. I don't want to go back there. I know how they are and all the things that have been said about me since I left and I don't care to talk to any of them. Can they legally make me come and pick you my check? I know for a fact that they have mailed others their final checks and didn't even give them the option to come and get it. I worked there for 10 years.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.

The employer cannot require that you come to their property to receive your check. They must provide your check to you on the next regular pay day, as you quit the job. If they didn't post it that day, they are technically in violation of your state's wage payment act.

Now, the problem here is that your state's Department of Labor does not do their own wage complaints (something many other states do). That sort of leaves you on your own, in terms of enforcement. You can contact the Federal Department of Labor located in your state and ask them about a wage complaint. Sometimes they'll do it, but most of the time they leave it to you to handle through small claims court, which is certainly a viable and fast option.

If they don't send it to you (or you should already have received it by now). Send, them a letter demanding that they mail it to you or you'll contact the DOL and file a small claims suit against them. That should get them to come to their senses.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.