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  1. #1

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    Not receiving my paycheck on time

    I work at a restaurant and I am supposed to receive my paycheck on Monday's. However, the Monday following Thanksgiving weekend I was not paid. Their respons was, "The mail must be delayed." This was the reponse I continued to receive until Friday when I finally got my check. It was the same for everyone, not just myself. Also, this caused me to be late on a payment because the money was not there. Is there anything I can do? This is a large nation wide restaurant.

    I also have a 3 month old who is sick today and I called my manager to call in so I can take her to the doctor. He told me if I didn't come to work that I would be fired. I have never called in and have never been late. In fact I'm always picking up shifts because others are calling out sick. Can they do this?

    Last edited by Thefadunker; 12-09-2008 at 03:29 PM. Reason: addition

  2. Super Moderator Samaritan & Scholar

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    1.) So, what was the postmark on the envelope? Does it bear out the checks being mailed on time or not?

    P.S. Even if the employer out and out lied to you, since you ultimately did receive the check a complaint with the DOL would go to the bottom of the pile, below those who haven't been paid yet.

    2.) What state are you in? It makes a difference.

  3. #3

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    The checks come in a package to the store, so my personal check never has a postmark on it.

    I live in Florida.

    What about the fees I've incurred because of not having the money? Would it still go to the bottom of the list and I'd just have to wait on it?

  4. #4
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    Oh, Florida. You guys don't even HAVE a state DOL. Your best, and just about only, option in that case would be to file a civil suit for the charges you incurred and hope for the best. It's by no means a slam dunk but it's all you've got.

    Although there are some states where the law entitles an employee to x amount of time to take children or elderly parents to the doctor (or to participate in school activities) Florida is not one of them. Therefore, unless your child's medical consition qualified for FMLA, the employer is not obligated to allow you time to take you child to the doctor and CAN legally fire you for not coming in.

    Sorry.

  5. The Following User Says Thank You to cbg For This Useful Post:

    Thefadunker (12-09-2008)

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