Previous Employer owes me last wage.I did walk out?

Question

I did walk out on my previous job, but it was either walk out or do something worst, Due to his attitude towards me after i told him i was leaving . That was in May of this year.

I do believe i am owed holiday money and my last weeks wage ( was paid weekly in lieu)

What are my chances of getting money . I did send him a email and the reply was he was holding it till i came to see him in person.I am not a person who deals with confrontation and now really could do with the money. Any ideas?

Answer 1

I would E Mail him again and say that you want your pay and that if you do not receive it it 10 work days you will be taking them to small claims and then they will have court cost added to the bill.

Answer 2

By you walking out of your job, you broke your employment contract, and by doing so, your ex employer can refuse to pay any monies outstanding to you.This is not illegal.

Your only recourse then is to sue your ex employer in the county Court, but doing this is expensive, and you could lose the case.  

Answer 3

If you don't want to see him then send him a letter and keep a copy. Post it by Recorded Delivery. State that you require the pay that is owning to you within 5 working days otherwise you will issue a Summons in the County Court. You will get your costs back btw. The Courts frown on employers who with hold wages no matter that you did walk out. Good luck.  

Answer 4

If in the UK you need to check your terms of employment as a lot of employers will have a clause that if an employee leaves without giving the required notice the company can withhold some (or all) monies owed.

If your employer did not previously inform you of this in writing then they cannot withhold money from you.  In this instance write a letter to your employer advising them that they are illegally withholding money owed to you and give them a deadline to pay you (7 or 14 days) or you will take advice from ACAS.  Also ask them to send your P45 to your home address.  Send the letter recorded or special delivery so it is signed for when delivered.

Answer 5

Call your states labor board.  A former employer cannot hold wages.

Answer 6

The law in most states is that he has to pay you on the next scheduled payday after you quit.  If the normal practice was for employees to pick-up their paycheck at work then all he had to do was have the check ready for you to pick up.  If you want it mailed you need to send him a written letter telling him where to mail it to.  It maybe easier to just go down and get it.  If he wants to talk you can say "I am just hear to get my check not to talk"

Answer 7

He's not "holding back" your paycheck.  It's at your old job just waiting for you.  Some places don't mail out checks because it could get lost and then that's a whole other mess they have to deal with.  He may just need you to sign something saying you received your last check so you can't come back and claim you never received your check (my old job had us sign something when we recieved our regular paychecks).  However, if you really don't want to deal with him, then ask him to send your final check via certified mail.

Answer 8

Ok. Well good job on walking out before you did something stupid. Just because you walked out doesn't mean he doesn't have to pay you. You should call and ask about your last check. By LAW he has to pay no matter what. If you don't claim you last paycheck he has to turn it over to the state you live in to the treasury, there it will go into an unclaimed money fund. i live in MI and I just did this I found out I forgot to pick up my last paycheck from a previous employer. so the state sent me my last check. go to your state website and search unclaimed money. But you should be able to call him and ask him to mail out your check. The only way he would not have to pay you is if you are working under the table.

Good luck.

Answer 9

unless your boss in an ex felon with murder on his record...i'd just suck it up man.  who cares if you have to deal with him in person.  id deal with anyone if it meant money that i was owed.  if you dont collect that money, then you've been workin for free.  isnt your time worth more than that? good luck man

Answer 10

In most states, you are entitled to pay for time actually worked, and any vacation pay you have earned. Holiday pay (assuming you are referring to a benefit in which you are paid for a holiday that you do not work) is not an entitlement.

Every state has an agency related to labor and employment issues. For example, my state has the Illinois Department of Labor, and on their website there is a complaint section. They have a process right there to file a complaint for unpaid wages. Your state will have something along those lines. Research this for your state.

I would suggest send him a certified letter stating that you have a legal right to your pay, point him to chapter and verse in your state's labor rules, that you have no desire to meet with him, and inform him that you will be referring this matter to the agency by a certain date if he hasn't paid you. Be polite, but do follow through if he doesn't pay.

By the way, that you walked out is irrelevant (and that you had what you think is a good reason is even less relevant). You should set those details aside.