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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 35003
Experience:  Employment Law Expert
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I was terminated from my job 7/10/17 - (they told me they

Customer Question

I was terminated from my job 7/10/17 - (they told me they were closing the business). Mom and Dad decided to still try to keep it together, but no change for me. I was due to receive my last pay via Direct Deposit on 7/21/17. They still haven't paid me, said they were holding it for 4 weeks for "Final Processing". Is this legal? Can they do this? I believe in PA, they had to pay me upon termination or on 1st scheduled pay period as normal.
JA: Was this discussed with a manager, HR, or an attorney?
Customer: Vice President. It was their son. Who stayed 2 more weeks, and to help in the transition for his parents, and then left the company as well.
JA: Is the employment "at will," union, full time, or part time?
Customer: At Will
JA: Anything else you want the lawyer to know before I connect you?
Customer: Actually Full Time, with the agreement for "At Will". This was a Sales Position. That is all.
Submitted: 2 months ago.
Category: Employment Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I agree with you...the law in PA expressly states that whenever an employee is separated from employment, the wages or compensation earned "shall become due and payable not later than the next regular payday of his employer on which such wages would otherwise be due and payable."

SO they can not wait "4 weeks for processing"

If they refuse to pay, you can report them to the PA department of Labor and Industry and you can sue them in small claims court

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 2 months ago.
Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.Do you have more questions regarding this?Thanks for your understanding
Phil