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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I recently put in my two weeks notice at a restaurant where

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I recently put in my two weeks notice at a restaurant where I was a server. I was a very dedicated server, never having missed a day and was probably the most dedicated worker there. Unfortunately, I was not making enough money to pay for my NYC rent and had to find another job. Anyway, I spoke to them on my last day and said I'd be in soon to get my last paycheck. When I came in for it, it wasn't there and my manager asked me to email her the information for the dates so that she could reissue me my paycheck. Three emails later, I still have not receieved anything. Now, three weeks BEFORE my last day of work, I recieved a paycheck in which they accidentally overpayed me $350. I never said anything, because they had owed me $400 in training which I asked them three times for and never recieved and I also have proof of working numerous days for $4.35 an hour. That was my hourly rate which means that not one customer had come in and this happened on numerous accounts. Advise me, please
Submitted: 8 years ago.
Category: Legal
Expert:  LawTalk replied 8 years ago.
Good morning,

I presume that you meant that you finally received your paycheck 3 weeks after your final day of work?
Well, have they asked you for any money back yet from the overpayment?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.


Customer: replied 8 years ago.

My apologies for not being clear. I have NOT receieved my paycheck. One and 1/2 weeks after my last day of work with them, I went to the restaurant to pick it up and it had "mysteriously" disapearred. I had called them one week before to let them know I'd be in to pick it up the next week, so it was not a surprise that I was coming to get it.


I have been emailing and calling my general manager with no response.

Expert:  LawTalk replied 8 years ago.
Good morning,

In New York the law states that unless you are fired, in which case you are entitled to your paycheck immediately, that your final paycheck must be given to you at the time of normal payroll distribution to all other employees.

I suggest that you contact your local NY Labor board and file a complaint with them.

Best regards,


Expert:  LawTalk replied 8 years ago.
Good morning,

You might get them to move more quickly if you advise them of the following NY Labor Code statute. You should report them for failing to pay you.

§ 197. Civil penalty. Any employer who fails to pay the wages of his
employees or shall differentiate in rate of pay because of sex, as
provided in this article, shall forfeit to the people of the state the
sum of five hundred dollars for each such failure, to be recovered by
the commissioner in a civil action.

Best regards,



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