Help

[ryanismad]

ive been all over the net now for days trying to find an anser to this.
My boos wont pay me!!!!! He has my final pay-check but refuss to give it to me. Is this legal and what can i do?
IT is realy starting to bug me and I need to know My options here any advice would be purely wonderful.


than you much,
ryan is mad^^

 

[cbg]

Before we can give you a definite answer, we need to know two things; what state are you in, and how long has your boss been holding this check?

How long your employer has to provide you with your final check is very state specific. Depending on where you are, it can be required as early as your last day of work, or as long as three weeks later.

 

[ryanismad]

im in wisconsin and hes had it about 2 weeks but says he will never give it too me so im kinda concerned

 

[cbg]

Under the law, he is required to give you your last paycheck either on the next regular payday or one month, whichever is earlier. If he fails to do so, you can file a complaint with the state Department of Labor, who will help you get your check. You can also talk to an attorney if you like; that might be faster, but the DOL is free. But one way or the other, there is no possible way he can legally refuse to give you your check.

 

[Malibu_Barbie]

For what reason is he withholding your final paycheck? Unfortunately, the Dept. of Labor will only recover your hours worked at the minimun wage rate (unless your State provides otherwise). I would suggest calling your local Dept. of Labor to discuss this issue. If it will only offer min. wage, you could file a legal action against your former employer to recoup your actual wages, as well as file a claim for reimbursement of attorney's fees, if any. Please keep in mind that if your employer has any legally valid reason for withholding your paycheck, then you might be wasting your time and money in filing the suit.

 

[cbg]

There are no legally valid reasons for withholding a paycheck.

Even if ryan owes the employer money, or hasn't returned all his equipment, he still has to be paid minimum wage times hours worked. There are no circumstances whatsoever in which the employer can legally withhold wages for hours worked.

It is because the US DOL will only work towards minimum wage that I didn't tell him to go to the US DOL. Many if not most states will require payment at the most recent rate.

 

[Malibu_Barbie]

There are no legally valid reasons for withholding a paycheck.

You might want to rethink that statement. In certain States, withholding is allowed for valid reasons (including the return of any property that belongs to the employer), and the employer is not legally obligated to pay an employee for hours claimed, but not worked. If any of the hours worked are in dispute, the employer may withhold the final check for a reasonable period of time in which to conduct a full investigation and allow the employee an opportunity to validate the hours claimed which are in dispute. That is why I asked him the reason for the withholding, and suggested that he contact his local DOL as to the rules of his State.

 

[cbg]

I am not aware of any state that permits an employer to withhold wages earned on the return of property, and I didn't say that the employer was obligated to pay for hours not worked.

 

[Malibu_Barbie]

I am not aware of any state that permits an employer to withhold wages earned on the return of property, and I didn't say that the employer was obligated to pay for hours not worked.

Yeah, I know you didn't say the employer was obligated to pay for hours not worked, hun. However, there are a few States that actually allow withholding for certain reasons ... South Dakota is one of them (the last time I researched their laws anyway - this not only includes return of property, but also debts owed by the employee for whatever reason).

The laws vary from State-to-State, and I do not know them all, but SD is one that I specifically recall where this is allowed. So, the laws in which you are familiar with in your State doesn't mean that it applies to every State. It really depends on the poster's State's laws which govern this particular issue as to forming a proper response to his questions.

 

[cbg]

But the poster claims the employer is saying that he will never provide the check. Even South Dakota doesn't permit that (I checked). It only says it can be held UNTIL property is returned. In addition, the poster is not in South Dakota and I am familiar with the laws in Wisconsin, where he is.

I still maintain that no state permits the employer, regardless of the circumstances, to permanently withhold wages earned.