Getting a Final Paycheck

Updated on March 29, 2010
J.D. asks from Warren, MI
13 answers

My husband was laid off two weeks ago. Last Friday was supposed to be a payday. He still has not recieved his paycheck. His boss will not answer the phone, reply to voicemails or texts. He will only relay messages through the office manager.
He has a histiory of late pay, partial paydays, and not giving paychecks to former employees. He also does not pay the unemployment office, the state or irs, but withholds the money from the paychecks. The company has not had insurance since September, liability or auto, and has lost business since he refuses to get it.
His boss is three pay cycles behind as it is, so my husband is due three paychecks, and about $400 in expenses. Is there anything we can do to try to get that money?

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T.V.

answers from San Francisco on

J.,

The guy is trouble up to his ears and knows it. Contact your local labor board, and find out what the regulations are on the “final” paycheck. In California, when you have given notice or have been laid off, you are supposed to get your final paycheck on the last day of employment. If you don’t, he may owe for each day the check is delayed. (Check in your area for the laws).

Once you have the information, send a demand letter for the total amount due, via registered mail. (So you know when it arrived) You can also copy through email and/or voice message. Let the former employer know, if you do not receive payment immediately, you will contact all state and federal agencies regarding this matter. Ask that they mail the check to your home via registered mail and get a tracking number.

I don't recommend going into the office, if this guy is off the hinge, he could be violent. When backed against the wall, there have been instances of death. No amount of past due money is worth that kind of outcome.

I wish you well.

Blessings…..

1 mom found this helpful
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A.T.

answers from Oklahoma City on

absolutely...contact the labor board for your state. I contacted the labor board on an employer that I had worked for who hadn't paid me overtime pay. Long story short, the labor board investigated and I got overtime pay going back several years, i.e. lots of $$! I couldn't get it for the entire time I had worked for them because of a 'time limitations' thing, might have been able to if I had filed my complaint sooner, so contact them ASAP!

1 mom found this helpful
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C.M.

answers from Detroit on

Call the Fair Wage and Labor Board.

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C.S.

answers from Jacksonville on

First, I think I'd report his boss to the Wage and Labor Board. They may also be able to give you some guidance. I think I'd call the IRS ,TOO! (this is cheating your husband of hrs worked- that help determine his Social Security for both retirement and (God forbid, Disability, if he were to need it in the future) . I might consider an escort to the business with police to get some answers and/or the District Attorney's Office to get further guidance. The business/boss are committing FRAUD on several levels. Just something to think about,..... If worse came to worse ,I'd contact an attorney to find out exactly what your husband's rights are. Best of Luck, C.

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S.B.

answers from Kansas City on

I hate to say it, but you may have to look into an attorney. Perhaps you can have one send a certified letter, that might scare him into paying.

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L.M.

answers from New York on

Contact the Wage & Hour Division of the MI Dept of Labor ###-###-####

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D.F.

answers from Boston on

Go into the office and get it. Tell your boss you will taking him to court asap.

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K.M.

answers from Detroit on

I would first get a lawyer second I would report t to fox two news...

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C.S.

answers from Las Vegas on

State Labor Board! He should have been paid with 24 hours of the layoff!

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K.R.

answers from Detroit on

You can call U.S. Labor Department, Wage and Hour Division. It's a Federal agency so there's no charge to you. The office is in Detroit. ###-###-####

They help people recover wages and overtime that wasn't paid. If they didn't pay him overtime and should have he can try for that too.

Good luck!!

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S.G.

answers from Philadelphia on

Definitely dept of labor and industry. They oversee employee's rights (basically). Not sure if things are different in your state compared to PA, but I would think that would be a good place to start. You or your husband may also want to mention some of the above information about the employer not paying unemployment, state taxes, etc. They would be able to refer you to the correct department to file a complaint and hopefully have an investigation opened. Be prepared that you probably won't see this money any time soon. Just based on what you have said about this employer, he will likely drag his feet with paying the monies due to your husband. Of course, you could always go the attorney route...but that will likely cost you a lot of money. However, if the money due to you is a lot and the money isn't necessarily the motivating factor (but more so seeking revenge and putting this employer down for his poor business practices -- which personally, i would do), then go for it!

I wish you luck!

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M.H.

answers from Dallas on

You can file a wage complaint with the MI Dept of Labor & Economic Growth

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