My former employer is witholding my paycheck. what should i do?

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[ARCHIVED THREAD] - My former employer is witholding my paycheck. what should i do?

Posted: 9/20/2004 2:47:24 PM EDT

ok, i quite my former job and my former boss is witholding one of my paychecks, despite my requests to mail it to me, since i am not going to bother myself to drive a good distance away just to pick up a check that is already in an addressed envelope to myself, he has still not mailed it

he is in violation of my state's labor laws, because Colo. Rev. Stat. Ann. §8-4-104 say that i must be paid the next pay day after i quit.

what should i do to get my paycheck? i've witheld filing several formal complaints to various agencies about the laws he is breaking, but i am reconsidering that now since he has my fucking money.

Posted: 9/20/2004 2:48:15 PM EDT

[#1]

Call the Dept of Labor.....Duh!

SGatr15

Posted: 9/20/2004 2:48:59 PM EDT

[#2]

file it put all the heat on him you can, just make sure you have enough cabbage to back your claims

Posted: 9/20/2004 2:49:19 PM EDT

[#3]

did you get fired?

what did you do to piss your employer off?

Posted: 9/20/2004 2:49:25 PM EDT

[#4]

Call the police. Have his ass arrested.

Posted: 9/20/2004 2:49:50 PM EDT

[#5]

am i somehow required to go pick it up, or is the onus put on the employer to mail it to the employee?

Posted: 9/20/2004 2:50:02 PM EDT

[#6]

Quoted:
Call the Dept of Labor.....Duh!

SGatr15

+1

Posted: 9/20/2004 2:50:38 PM EDT

[#7]

Quoted:
Call the Dept of Labor.....Duh!

SGatr15

What he said.

In TN this is a serious violation that will cause an employer lots of trouble, I expect it is the same elsewhere.

Posted: 9/20/2004 2:50:43 PM EDT

[#8]

Go through all available legal channels to secure a remedy. If that fails, use your imagination.

Posted: 9/20/2004 2:51:10 PM EDT

[#9]

Quoted:
Call the Dept of Labor.....Duh!

SGatr15

Posted: 9/20/2004 2:51:22 PM EDT

[#10]

do you have anything from the compnay that needs to be returned? uniform, backbelt, box knife...... In some cases they can hold your check until you return the stuff to them

Posted: 9/20/2004 2:51:41 PM EDT

[#11]

Witholding a paycheck in Colorado is very serious. They already owe you 50% more because of this. I had to deal with this a few years ago. I will IM you my phone number in case you want to discuss it.

Pete

Posted: 9/20/2004 2:51:53 PM EDT

[#12]

Quoted:
am i somehow required to go pick it up, or is the onus put on the employer to mail it to the employee?

Usually it is up to you to pick it up. Mailing it is the employer being nice. But he should still do it in a timely manner.

If its only a short drive away you are better off picking it up. Otherwise you're wasting your time calling the Labor Dept.

SGtar15

Posted: 9/20/2004 2:53:03 PM EDT

[#13]

Just toi clarify, was your check ready the next day?

ANd why won't you drive and pick it up?

SGatr15

Posted: 9/20/2004 2:54:20 PM EDT

[#14]

Quoted:
did you get fired?

what did you do to piss your employer off?

i got tired of him breaking federal and state labor laws by denying me breaks.

i also got a bit miffed when he told me to give someone another 4473 after the customer 'accidentally' wrote yes to being dishonorably discharged (when i said i couldnt sell it to him because of that, the customer was like, 'NO! NO! it was other than honorable, i think'). my boss told me to let the guy fill out another one and to trash the other one. well, since i don't feel like getting charged with a felony, i told him no and called the BATF to make sure i was in the right.

Posted: 9/20/2004 2:54:31 PM EDT

[#15]

Armor a bulldozer!

Posted: 9/20/2004 2:55:32 PM EDT

[#16]

WHere are you in Colorado?

Posted: 9/20/2004 2:55:36 PM EDT

[#17]

I believe here in AZ, they are REQUIRED to either give it to you or mail it to you within a week or possibly even 2-3 days or or so being fired/quitting.

Posted: 9/20/2004 2:57:19 PM EDT

[#18]

Quoted:
Witholding a paycheck in Colorado is very serious. They already owe you 50% more because of this. I had to deal with this a few years ago. I will IM you my phone number in case you want to discuss it.

Pete

what law states that?

Posted: 9/20/2004 2:59:43 PM EDT

[#19]

Just drive over and get your paycheck.

What are you embarressed about???

Sgatr15

Posted: 9/20/2004 3:01:45 PM EDT

[#20]

Quoted:
Quoted:
Witholding a paycheck in Colorado is very serious. They already owe you 50% more because of this. I had to deal with this a few years ago. I will IM you my phone number in case you want to discuss it.

Pete

what law states that?

Not sure what law exactly, it's what my attorney said when I had my employer issue back in '99. I believe there is an additional penalty for each pay period that elapses where you don't have your money.

What town are you in?

Posted: 9/20/2004 3:02:06 PM EDT

[#21]

Quoted:
Just drive over and get your paycheck.

What are you embarressed about???

Sgatr15

they are doing this as a power game thing,

i'm not going to play along.

Posted: 9/20/2004 3:04:33 PM EDT

[#22]

Quoted:
Quoted:
Just drive over and get your paycheck.

What are you embarressed about???

Sgatr15

they are doing this as a power game thing,

i'm not going to play along.

Apparently you are........

Sgtar15

Posted: 9/20/2004 6:22:34 PM EDT

[#23]

behead him if he won't give it to you.

Posted: 9/20/2004 6:24:43 PM EDT

[#24]

State Labor Board ASAP

Posted: 9/20/2004 6:28:21 PM EDT

[#25]

Quoted:
behead him if he won't give it to you.

How the fuck is that even remotely humorous? Seriously?

HS1

Posted: 9/20/2004 6:31:51 PM EDT

[#26]

You only get paid the next day if you get FIRED not QUIT. Least thats the way it was back when. Even then somtimes they can hold your check untill the next payday.

Posted: 9/20/2004 7:22:02 PM EDT

[#27]

Most places I've worked require an exit interview before issuing the last pay check. As has been stated earlier, this is where you turn in any company property, discuss benefit info (COBRA, etc.) and your reasons for leaving.

Posted: 9/20/2004 7:48:18 PM EDT

[#28]

Quoted:
Quoted:
behead him if he won't give it to you.

How the fuck is that even remotely humorous? Seriously?

HS1

Yeah, Im gonna have to +1 that one. Not funny.

Posted: 9/20/2004 7:48:55 PM EDT

[#29]

Break his johnson off!!!

Posted: 9/20/2004 7:53:07 PM EDT

[#30]

Holy cow. I don't believe the law requires him to mail it to you. He is not withholding the check, you are afraid to go get it.

Harden up there son, and go get it.

Posted: 9/20/2004 7:55:24 PM EDT

[#31]

Just go back like a man and ask for the money you earned. If he doesn't hand it over...do the protest march infront of his business with a sign that says he is denying your pay...call the media to take video of you and so you can be on the news. "Look ma I am on the TelE!"

MT

Posted: 9/20/2004 7:56:21 PM EDT

[#32]

OH IM SORRY... I forgot to reply to the topic at hand.

1. Grow a set
2. Go get your check

Its yours, you earned it. Go!\

My former employer tried that same crap. He was such a pussy ... made his secratary do his dirty work as he hid in his office. She said "before I can give you your check you have to fill out an RFL (Reason for Leaving) form." I filled it out and it said "I am leaving because I was pressured by management to quit" She walked it into the boss' office ans she came back with TWO RFL forms and NO check.

She then says "Mr Caufield said that your explanation is unacceptable and before you can get your check you have to come up with a better one" I told her "No, that is a VERY acceptable reason because its the TRUTH... So I advise you to tell Mr Caufield if he has a problem with it to come out here himself or you can come out with the check. If not, my next move is to contact the labor board"

Guess what? She had my check in hand.

Posted: 9/20/2004 8:00:48 PM EDT

[#33]

Call him and say "Either I get that check mailed to me within the week or else I was press litigation"

Get a Human Resources lawyer ready. It may cost a few bucks but its worth it to show this asswhip not to fuck with you. Thats something my former employee had to find out the hard way.

Posted: 9/20/2004 8:12:59 PM EDT

[#34]

Quoted:
ok, i quite my former job and my former boss is witholding one of my paychecks, despite my requests to mail it to me, since i am not going to bother myself to drive a good distance away just to pick up a check that is already in an addressed envelope to myself, he has still not mailed it

he is in violation of my state's labor laws, because Colo. Rev. Stat. Ann. §8-4-104 say that i must be paid the next pay day after i quit.

what should i do to get my paycheck? i've witheld filing several formal complaints to various agencies about the laws he is breaking, but i am reconsidering that now since he has my fucking money.

Are you sure? Most laws are this way if you are fired, but an employer can maintain a normal pay cycle if you quit.

Posted: 9/20/2004 8:14:55 PM EDT

[#35]

Quoted:
Call him and say "Either I get that check mailed to me within the week or else I was press litigation"

Get a Human Resources lawyer ready. It may cost a few bucks but its worth it to show this asswhip not to fuck with you. Thats something my former employee had to find out the hard way.

This will fly: lets see, you are crying about your paycheck, yet you can afford a lawyer? Just whip out that American Express Platinum and get that lawyer going!

/attempt at humor

Posted: 9/20/2004 8:20:53 PM EDT

[#36]

In my state every day the check is withheld is considered a work day, up to 30 days, so you can get a free months pay if you wait to file the claim. Better check with your state board of labor and industry to be sure though.

Don't worry about this at all, the BOLI people will take care of it for free and will probably fine him as well.

Posted: 9/20/2004 8:33:41 PM EDT

[#37]

If I resign or quit, how soon can I get my final check?

You should be paid on the next regular pay day.

www.coworkforce.com/LAB/wage_bene_term_faq.asp

So he may be breaking employment law in Colorado.

Posted: 9/20/2004 8:35:25 PM EDT

[#38]

You should just go all psychopolitical on his ass!

Posted: 9/20/2004 8:45:55 PM EDT

[#39]

god, this isnt about not having 'the sack' it's about not playing their game and having them give me one final 'fuck you'. why should i go out of my way after i already put the onus on him.

Posted: 9/20/2004 10:00:48 PM EDT

[#40]

Quoted:
Quoted:
Quoted:
Just drive over and get your paycheck.

What are you embarressed about???

Sgatr15

they are doing this as a power game thing,

i'm not going to play along.

Apparently you are........
Sgtar15

+1

CA labor law says immediately if fired, regular scheduled payday if you quit. Poink, you dumb[Poink is the kindest, bravest, warmest, most wonderful human being I've ever known in my life], you dodn't say exactly how long this childish game you are engaged in has been going on. Go pick it up

Posted: 9/20/2004 11:10:48 PM EDT

[#41]

Check the REST of the FAQs on www.coworkforce.com/LAB/wage_bene_term_faq.asp

At the employer's discretion, the check should be made available at the work site, the employer's office, or the employee's last-known mailing address.

Go get your check.