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Are you familiar with labor laws? Kansas. No just figured…

Customer Question
Are you familiar with...

Are you familiar with labor laws?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kansas

Lawyer's Assistant: Has anything been filed or reported?

No just figured out what was going on and trying to see what I can do I had a last paycheck that paid out my sick time and vacation time. I was just informed by my bank that they stopped payment on the check

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just trying to figure out what is possible to do....how does this work?

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
12/19/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Could you provide a bit more background to your situation to help me understand what your question is? Thanks!

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Customer reply replied 6 months ago
Ok, also, it said that there was only a $5 fee? It charged me $47....What do you need? I left my employer for a different employer. I was paid out for my vacation and sick time. I was just informed by my bank today that the check was stopped payment.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks for your patience. It's $5 to post a question, $42 for your interaction with me, plus there's an optional $59 phone call; however, that is completely optional. Would you be okay if we continued? You won't be charged any more than the $47 total.

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Customer reply replied 6 months ago
That's fine I guess.....
Customer reply replied 6 months ago
Are you in Kansas?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

ok, did the bank tell you why the payment was stopped?

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Customer reply replied 6 months ago
The employer reversed the check
Customer reply replied 6 months ago
That is all I know at this point. I've emailed and texted my old boss and have not heard anything back.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear that. Have you contacted your KS department of labor regarding this? It sounds like it may be wage theft.

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Customer reply replied 6 months ago
Not yet.....why I am not sure what direction to go and sought out an attorney
Customer reply replied 6 months ago
Hello?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. I apologize for the delay.

This appears to be a classic breach of contract if they have not paid you your final paycheck within the time prescribed by law. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 6 months ago
because they didn't pay me for my unused vacation or sick time, it's only a breach of contract???
Lawyer: Legal Eagle, Lawyer replied 6 months ago

It is also likely a violation of the state labor laws of your state at Kansas Ann. § 44-315 which says that you are entitled to your paycheck no later than your next scheduled date. Usually, if they are in violation, they have to pay up as soon as possible and sometimes have to pay damages. There's no criminal action here unless they engaged in some sort of fraud; regardless, that's up to the state to decide. Does that make sense?

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Customer reply replied 6 months ago
I'm basically screwed on this, right?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

No, I'm not sure why you think that is the case. IF they haven't paid up by the time you would normally be paid, you could sue them and you could bring a complaint to the KS Dept. of Labor for their actions. There is definitely recourse.

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Customer reply replied 6 months ago
Ok, how long do I have to give them?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

That depends. When would you normally get paid if you were still working there?

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Customer reply replied 6 months ago
I would have...like I said, this is for unused vacation and sick time
Lawyer: Legal Eagle, Lawyer replied 6 months ago

No, I'm sorry, when would you get paid? Would it have been this past Friday, this upcoming Friday?

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Customer reply replied 6 months ago
this Friday
Customer reply replied 6 months ago
12/22/17
Lawyer: Legal Eagle, Lawyer replied 6 months ago

i see. So, you may be able to file a complaint as early as 12/23 if the bank nor the employer are helping you at this stage. You won't be able to do anything like call the police to help with this situation and if they don't do it, you'll have to follow the proper channels to make it happen. it stinks, but the recourse is there in the event an employer does what your employer is doing. If you click here, you can file a wage complaint. You may want to even consider doing it now since they were supposed to pay you, but stopped the check.

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Customer reply replied 6 months ago
They are saying:Well Pam, there are several issues with this and first and foremost was how and when it was written. Second is the fact that it was a check over $1,000.00 that is required to be signed by the board and not rubber stamped, Third is you paid yourself for bonuses that were not approved. Fourth is I question the amount of time you rightfully had vs what you used for the times you were off. When the bank contacted me yesterday because they were concerned with the check, I had no choice but to stop payment because of potential fraud concerns. The board, myself, Graig Brummer, The accounting firm and Fred Patton are aware of what has been done. And to add to that the tremendous disappointment that I have in what transpired. The choice is yours on whether we pursue this legally or you relinquish your claim for the funds.I asked him so am I not getting paid out for my sick/vacation time?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Interesting. I would probably recommend having the state of KS intervene. They would likely force your employer to provide whatever proof or evidence that what they're doing is legal and they would be compelled to do so by state law.

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Customer reply replied 6 months ago
does that constitute as a threat? My response:Yes, and I will keep the opinions to myself on that....since there was also sexual harassment that happened when I was there. And that was made aware to the powers that be and nothing done. All of the information pertaining to taxes need to be shown to me as they are taken care of.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Well, threats aren't illegal unless they threaten your life or physical health. If there are issues of sexual harassment, that may be something that you'd want to discuss separately with a local employment law attorney or the EEOC.

The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. They can advise you as to the basic processes to go through, but that's separate from the wage issue. Your best and most valuable recourse would be to contact the department of labor now with the link I provided to help you unwind this situation so you can get paid before Xmas hopefully.

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Customer reply replied 6 months ago
yeah, don't see that happening.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I know. It's awful.

You may want to consider just writing a formal demand letter that they send you your money properly or else risk a lawsuit and a wage complaint from the state. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

hi, it's been a minute so I wanted to follow up. What else can I help you with today?

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Customer reply replied 6 months ago
No, not really
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand. Try and call the KS department of labor regarding this so you can at least get your wage issue settled as soon as possible. You can always come back here for more questions as well. Also, would you mind providing me with a five-star rating today? I would certainly appreciate that. Best of luck.

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