I was laid off a month and a half ago in New York. Still don't have my final paycheck. What should I do?

Question

I've contacted the operations manager via email a few times. He was able to get me my next-to-last paycheck but they still owe me my final check (covering a month). Do I contact one more time and include all of my timesheets? or report them to Dept of Labor?!?

Answer 1

In lots of states, the paycheck is supposed to be given to you on your final day of work when you are being laid off or terminated - don't know if this is true for NY.  Maybe write him one more time just so that you keep it friendly if you can for a future reference.  Perhaps say something like: I appreciate your help in getting me my next-to-last paycheck however its been over ___ days and I still don't have my final paycheck.  Any help you can offer in making sure I receive the final check in 5 business days is appreciated, otherwise I'll have no choice except to file a complaint with the Labor Department.

Here's a link to NY labor department Claim For Unpaid Wages form

http://www.labor.state.ny.us/formsdocs/w...

Answer 2

The website you were provided for the NY Department of Labor is a good resource.  However, when you are let go by an employer, you are to receive your pay the day your are let go if foreseeable or within 24 hours of being let go.  I would contact them one more time via certified letter return receipt requested (you can also send the letter via email with an attachment, but make sure to send the original as suggested).  If you do not receive your check within the time it takes for you to receive the return receipt back, I would file a claim with the Department of Labor.

Best wishes.

Answer 3

I'd write to them one more time, telling them that it's been a month and a half and you still don't have your final paycheck, that if you don't have it by xxxx (pick a date, 10-14 days from now) you'll be forced to contact the dept of labor.  That might light a fire under them.  

If you don't get the check, call the dept of labor.

Good luck.

Answer 4

Q: When is the last check due to a terminated employee?

A: When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. If requested, the employer must mail the final wages to the employee.

SO....

when was the regular pay-day for your last pay-period?

Q: How can employees obtain assistance in collecting wages owed to them by their employer?

A: The Division of Labor Standards investigates and endeavors to collect claims for unpaid or withheld wages including illegal deductions. Also enforces the prohibition against illegal kickback of wages and tip appropriation.

Claim For Unpaid Wages LS 223 - Submit completed claim to the nearest Division of Labor Standards Office