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Questions about Final Paycheck Laws

There can be many disputes between employers and employees regarding the settlement of final paychecks. However, it is important to know the rights of both parties in order to ensure a fair settlement is reached. If you have questions regarding final paychecks, turn to Employment Lawyers on JustAnswer. You’ll find quick answers to your questions in the simplest possible way. Listed below are a few questions tackled by Employment Lawyers on final paychecks.

I live in Arizona and was fired from my job but have not yet received my final paycheck even after a week. What can I do?

You have two choices here if your employer doesn’t pay your wages. You can either choose to visit the Industrial Commission of Arizona and file a complaint with them, or you can go to court and file a compliant against your employer there. When you file a complaint in court, you can try asking for up to thrice the amount of wages owed to you but the judge will ultimately decide whether you should receive that sum or not (ARS 23-355). However, if you go to the Industrial Commission of Arizona, you cannot ask for treble wages, but there is a chance that your case could get settled in a shorter period of time. In addition, if your employer has defaulted on overtime or minimum wages, you can also visit the Wage and Hour Division of the Federal Department of Labor and file a claim with them.

I am awaiting my final paycheck from my employer and recently found out that they do not have COBRA and do not qualify for it either. They require me to sign an unclear form that says I reject COBRA coverage and will not release my paycheck until I do so. Can they withhold my paycheck in this manner?

Typically, an employer cannot withhold your paycheck in this manner. You could file a wage claim with the State Department of Labor if your employer does not release the check immediately.

The link to the agency’s website is below:
http://www.state.il.us/agency/idol/laws/law115.htm

If you have more questions, get in touch with Employment Lawyers on JustAnswer with details of your case.

I am based in California and would like to know if it is legal for an employer to wait for an employee to sign a reason for termination form before he releases the final paycheck?

Under the California Labor Law, an employer cannot withhold an employee’s paycheck based on the reason above. The check is expected to be given to the employee immediately upon termination of employment.

An employee who has left my company has not returned his uniform. Can I withhold his final paycheck due to this reason?

You are required by law to give the employee his final paycheck. But, you could recover the cost of the uniform by deducting it from the final paycheck amount as long as you issue a statement to the employee letting him/her know that the deduction has been made.

An employee’s final paycheck was returned by the bank due to lack of funds. Despite this occurrence being completely unintentional on the employer’s part, does the penalty the employer has to pay for unavailable funds still be the same?

In a typical case when there is no dispute over the funds an employee is being owed, the Labor board will ask the employer to pay the full fine. This is irrespective of whether the lack of funds was an intentional act by the employer or not. Failure to pay wages on time is an offence and the above reason would not be considered a viable defense by law.

Once an employee leaves a company, all dues owed between the company and the employee should typically be settled immediately. Failure to pay the final paycheck can become a legal issue and employers and employees should be well aware of their rights. Employment Lawyers can answer many questions that pertain to final paychecks. So, write to them now and get answers to your questions both quickly and affordably.
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