Anyone have any experience with an employer not paying a final paycheck?

Anonymous

September 22,2023 at 3:15PM UTC

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Anyone have any experience with an employer not paying a final paycheck?

My last day was July 14, and according to my payroll app I was supposed to be paid on the 15th. I have the paystub proving that it was issued but I never received the check (I was supposed to get it via direct deposit, but it was issued as a check). I was patient because I knew she was going through a hard time personally, but now I'm at a loss - I am owed that money and really need it.

I've asked my employer repeatedly to cancel and reissue the check and she says she is uncomfortable doing that. She has become hostile and is ignoring my messages now so I think my only course of action is to sue in small claims court for it.

Any tips? FTR Employer State is Florida, at the time of issuance my address was also Florida.

Thank you!

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Kathye Flores AllenSeptember 22,2023 at 3:45PM UTC
Do some online research as to what Florida's laws are regarding termination pay. There may be a state agency that is responsible for making sure employers comply. You may be able to have them help you get your pay. If the employer has a written statement from you that you never received the paycheck, they should have no problem issuing you a replacement check as they should be able to tell from their own bank account that it never cleared. Good Luck!
AnonymousSeptember 22,2023 at 5:48PM UTC
Give a call to Florida's Department of Labor and ask them what possible recourse you have. Reporting to the DOL may have the same effect as taking them to court.
AnonymousSeptember 22,2023 at 8:59PM UTC
In written request your pay be immediately issued and delivered via overnight mail.
Call your EEOC and file a complaint. There are penalties accrued each day you wait. Finally, make sure everyone is copied and put on notice. That means ceo on down.
Alexis GladstoneSeptember 23,2023 at 12:31PM UTC
If you know an attorney (friend, family member) sometimes a letter written by them rather than you can do the trick. That way you can avoid filing an official complaint as suggested by others, if you're hesitant to do that.
AnonymousSeptember 23,2023 at 1:54PM UTC
My employer has a checklist of items that must be returned before the final paycheck is issued. I work for a university so the list includes library books as well as keys, ID, computer and other technology. I could see an elevated scenarios where a paycheck is literally paper clipped to a folder waiting for you to return something you don’t know you have and they have not told you you need to return. Pettiness can be extreme.
If you have not already been extremely clear, I would include in your letter a request to notify you immediately of any outstanding items or responsibilities that might be blocking your final payment. Maybe make sure your language uses “did you issue it” “did you release it” “did you block it” and any other ways of stating the case.
AnonymousSeptember 23,2023 at 7:01PM UTC
I am not sure where you are but is not legal to hold on to final pay. For items that need to be returned the company should have other policies in place to get those things back such as taking legal action- but keeping earned income could cause more issues for an organization
misskelleypSeptember 23,2023 at 7:01PM UTC
FYI, that's not legal. In no state can you withhold wages for any reason, with perhaps some exceptions for illegal activity on the part of the (former) employee.
AnonymousSeptember 23,2023 at 5:40PM UTC
First in writing request a re-issuance of the check and also any interest due. If you get no response or she refuses, contact the EEOC and FEHA and file a formal complaint.
misskelleypSeptember 23,2023 at 6:59PM UTC
It is VERY illegal to not pay an employee wages owed. Please report it to your state's version of the Department of Labor. They will come down on your employer like a ton of bricks. You did not receive your final payment of wages, that's all you need to say. If they wrote you a check, they KNOW it was never cashed, so it's totally on them.
BethBSeptember 23,2023 at 7:59PM UTC
Give her one more call. This time say something like cancelling snd reissuing a check is standard business procedure and nothing that should make her uncomfortable. She could even cancel the check and do the direct deposit. Add that you need this by 9/27. And then add one more thing… I really don’t want to escalate this to upper management (if she isn’t the one in charge) or to call the department of Labor.
I called the department of Labor once. I had my money in less than a week. And the company ended up being investigated for a shady practice and ultimately was fined.
AnonymousSeptember 25,2023 at 12:31PM UTC
I would send one more email. Make a log of all of your contacts. If you get the same answer, you might try talking to the attorney general's office.