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Lay off last check

Discussion in 'Termination: Firing & Resignation' started by Sylvia1313, Dec 14, 2018.

  1. Sylvia1313

    Sylvia1313 Law Topic Starter New Member

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    Jurisdiction:
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    I am with a union out of utah and was just laid off from a job. I was out.sick for 4 days and the boss of the company that contracted us said that as long as i have a dr note on Monday, that i would still have a job as long as i didn't miss any more work. So Monday morning i brought the dr note in and my boss said that was great and not to miss anymore days. Well on Friday with 2 hours left of the shift, my foreman told me to grab my tools and go to the office. On my way to the office my foreman told me they were letting me go because of my attendance. I was pretty suprised, considering that the main boss of the company told me that about the dr note and i hadnt missed since. No one was in the office to tell me anything and my foreman didnt know exactly what was going on. There was just a guy there to take me to my car. I called the union and i am on their out of work list and will get another job thru them, no problem. I looked online and it says whether fired or laid off they only had 24 hours to oay my last paycheck. I called the boss and he said it would be mailed and then said to check on friday(a week later) and if he doesn't have it, it would be mailed. My question is, is it ok for them to lay me off like that? And legally when should i have my paycheck? Friday would be the regular payday and if they don't have it tomorrow, I'd have to wait for it in the mail. I don't think that's right, considering i have bills and was at least relying on the money by my regular payday.
     
  2. cbg

    cbg Super Moderator

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    Unless your union contract was violated yes, it is okay for them to lay you off like that. As long as they mail your paycheck within 24 hours of the layoff they are within the law.
     
  3. Sylvia1313

    Sylvia1313 Law Topic Starter New Member

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    Ok so the check has not been mailed and its been a week today. When i asked my boss if i could get my check he said that if he does not have it today which is payday that it would be mailed from Colorado today. What can i do about this?
     
  4. army judge

    army judge Super Moderator

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    There is a great deal you can do.

    Don't delay, do it today!

    You could file a claim with the state of Utah.

    Your state offers a person in your unfortunate position LOTS of help and even financial remedies for an employer's abuses or stupidity!

    In Utah, when an employer lays off an employee, they must pay their final paycheck within 24 hours. This final paycheck must include all unpaid wages due to the employee at the time. Payment can be made by mail (with a postmark no more than one day after the employee is laid off), by direct deposit, or by hand delivery.

    What should an employee do if they do not receive their final paycheck on time?

    When an employee is laid off and their employer fails to pay the final paycheck within the 24 hours mandated by state law, the employee should make a written demand.

    If an employer still does not pay the wages within 24 hours, Utah law says that wages will continue to be paid at the same rate as before leaving until the employer pays, or until 60 days have passed.

    An employee can file a civil action to recover the wages and penalty. This must be commenced with 60 days of leaving the company.

    A qualified wage and hour lawyer can address your particular legal needs, explain the law, and represent you in court.

    Take the first step now and contact one today:

    Top Utah Wage and Hour Attorneys near you - LawInfo

    The state of Utah wage claim agency:

    Wage Claim Unit - Antidiscrimination and Labor Division - Utah Labor Commission

    More great info:

    Wage Claim Process - Antidiscrimination and Labor Division - Utah Labor Commission

    Good luck, make your official demand today, don't wait, PRESERVE your remedies and rights!
     
  5. Sylvia1313

    Sylvia1313 Law Topic Starter New Member

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    Payday is today if not there today call frank and lawyer full of it because I have 72 hrs from payday please do not tell me my job
     
  6. Sylvia1313

    Sylvia1313 Law Topic Starter New Member

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    This was my bosses response...."Payday is today if not there today call frank and lawyer full of it because I have 72 hrs from payday please do not tell me my job"
     
  7. army judge

    army judge Super Moderator

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    Did you read the REAL detailed information on the links?

    You are free to do something, free to do nothing.

    The sooner you do something, the sooner you get your money.

    In Utah, if your employer doesn't pay you on time, you can get up to 60 EXTRA DAYS of pay!

    Your state is one of the unique states that punishes stupid employers.
     
    hrforme likes this.
  8. army judge

    army judge Super Moderator

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    At this point, don't communicate with him.

    He's obviously out to screw you.

    Call the state, and let the state get all up in his business.

    If he does NOTHING, you could et 60 days of EXTRA pay, as in FREE money for you.

    Never discuss your plans with your enemy.

    IU prefer to sneak up on my enemy, that way he/she never knows when I'm coming and where I'll hit.


    More proof look for Utah

    Chart: Final Paychecks for Departing Employees
     
  9. Sylvia1313

    Sylvia1313 Law Topic Starter New Member

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    He just called me and said it was mailed from Colorado on monday which would have been 24hours. So I'll check the mail and see. This company has paid us a day late before and there was several times that i would take my check to their bank to cash it and they would tell me they couldn't because the check numbers were not processed and i would have to wait til the next day. So i will see what day it was post dated and go from there. I don't see it taking 5 days to get to me in Utah from Colorado. Thank you.
     
  10. army judge

    army judge Super Moderator

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    You can still file the claim today.

    The law required the check to be in your hand within 24 hours of the day you were fired.
    If you were fired Tuesday at 1:00 PM, your money should have been in your hands by 1:00 PM on Wednesday.

    Each day beyond that day IS a violation of Utah law.
     
    hrforme likes this.

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