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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Employment Law - Kansas - Final Paycheck Dispute What are

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Employment Law - Kansas - Final Paycheck Dispute: What are steps an employee must take to file complaint that employer withheld final paycheck in in order to get payment?

Please consider the following scenario:

I was hired to manage field crews (remodeling and maintenance work) as well as to help from time to time. I started working on side jobs and they let me take a lot of time off - I needed the extra money... was going through rough times with wife (kicked me out). I was salaried (bum wages though) .. then after a couple weeks of no-show I came in did some minimal work - made a few phone calls set up some appointments but nothing much came of it - I formerly quit thereafter so I could pursue other opportunities in cabinet refinishing with a new partner. Anyhow - I was promised a wage for the month and never got it. I quit half way through the month but did not do much work that month. I was told that I would get a bonus quarterly for production - they employer did not give me one, he claims I did not produce. That bonus was not in writing though. I want the whole month wages and the bonus he should have paid. He is offering a third of the month and no bonus.

What are the steps and likely costs to take the employer to court or department of labor to get paid?
Thank you for your question.

How much exactly are you owed? Have you considered simply pursuing this via small claims?
Customer: replied 6 years ago.
they offered $600 for about a 1/3 pay for the month and a few dollars for mileage reimbusements I documented. I asked for full month and $2,500 in bonus money.

No I have not tried small claims.
Thank you for your patience.

The reason I suggested small claims is because your amount is so small, and small claims work faster, that you may get a response much quicker than if you go through the Department of Labor.

Consider Kansas small claims--they have a $4000 limit and you can self represent. You can also seek court costs as part of your claim, and you can file fairly simply. All you need to do is contact your local courthouse and ask to speak with the clerk on duty. Explain that you need to file "pro se" for small claims as a collections petition. The clerk will provide you with the forms, and once you file them and pay the fee, your case will be placed on the docket, usually within a month or two once you filed.

Here is a link that can explain further:

Good luck.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 6:50 AM EST
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