Getting Paycheck after Quitting

[n9641200]

I recently quit my job because I was lied to and treated unfairly. Payday was the day I quit...one week ago today...and I still haven't recieved my paycheck. I have requested several times via e-mail directly to my boss to please have it sent to the address I specified. I have gotten no response, and no paycheck. Is there a law that requires them to grant my written request that it be sent?

I also have not recieved any COBRA health insurance information. It is my understanding that if there are 20 or more employees that has to be an option, unless I was fired for gross misconduct. I wasn't fired, I quit. Is there some kind of law that says they have to provide the continued health insurance information to me?

Please help!

 

[Rochelle]

I don't know where you are, but here the law says you are to receive your paycheck on the payday that you would normally have been paid. So you should have it by now.

And no, if you quit, you don't get COBRA. Only if you are laid off.

 

[n9641200]

Paycheck

I am in Washington State. Do you know where I could find/access a law like that here?

 

[cbg]

Rochelle, not true. Anyone who leaves their employment for any reason whatsoever with the exception of gross misconduct or the entire health plan is dropped for some reason, is entitled to COBRA. And that's Federal, not state.

When the final paycheck is due is dependent upon state law. Most states say the next regular payday but not all. At least one says 35 days after term, although that's unusual. If the original poster will post his/her state, I'll be able to give him/her a definitive answer.

 

[cbg]

Oops, you did. Okay, I'll check Washington state tomorrow when I get into the office.

 

[JETX]

Washington statutes require that "you must be paid at the regular payday; you have no right to be paid before then."

So, since you quit on payday, the employer has to pay you by the NEXT payday. If you get paid every Friday, then it would be the following week. If paid bi-weekly or 'semi-monthly', your paycheck should be delivered at that payday.

Here is the statute:
"RCW 49.48.010
Payment of wages due to employee ceasing work to be at end of pay period -- Exceptions -- Authorized deductions or withholdings.

When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him on account of his employment shall be paid to him at the end of the established pay period:
PROVIDED, HOWEVER, That this paragraph shall not apply when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan for the weekly payment of wages at a central place or
places and in accordance with a unified schedule of paydays providing for at least one payday each week; but this subsection shall not apply to any such plan until ten days after notice of their intention to set up such a plan shall have been given to the director of labor and industries by the employers who cooperate to establish the plan; and having once been established, no such plan can be abandoned except after notice of their intention to abandon such plan has been given to the director of labor and industries by the employers intending to abandon the plan: PROVIDED FURTHER, That the duty to pay an employee forthwith shall not apply if the labor-management agreement under which the employee has been employed provides otherwise.

It shall be unlawful for any employer to withhold or divert any portion of an employee's wages unless the deduction is:
(1) Required by state or federal law; or
(2) Specifically agreed upon orally or in writing by the employee and employer; or
(3) For medical, surgical or hospital care or service, pursuant to any rule or regulation: PROVIDED, HOWEVER, That the deduction is openly, clearly and in due course recorded in the employer's books and records.

Paragraph *three of this section shall not be construed to affect the right of any employer or former employer to sue upon or collect any debt owed to said employer or former employer by his employees or former employees."
Source: http://search.leg.wa.gov/wslrcw/RCW 49 TITLE/RCW 49 . 48 CHAPTER/RCW 49 . 48 .010.htm

 

[cbg]

Thanks, Halket.

I neglected to follow up on COBRA. Depending on whether the company administrates their own COBRA or uses a third party administrator, they have either 14 days or 45 days from the day coverage ends, which is not necessarily the same day as termination, to send you COBRA information. If you do not receive it within that time frame, the agency that oversees it is the DOL. But they are not required to give you COBRA information at the time of termination.