Last paycheck Held hostage !

[tekkguru]

Florida

i quit working at a mortgage company 2 weeks ago, i'm a W-2 employee, am working at a competitor now, but last employer
did not send my last paycheck for about $2500 all commision based.

I sent my husband down to pickup, but employer says, " I will only give it to her, After i talk with her", I have something to tell her that only concerns her and I NOt you.

I want nothing to do with him or to hear him probably cuss at me for going where i went or whatever he has to say and listen to final verbal abuse.

What legal rights do/can i take ??


thanks gang

 

[Beth3]

Florida is one of the few States that has no law addressing final pay and when it must be paid. In the absence of a specific law, it is generally upheld that final pay must be provided at the next regular pay date. You may contact Florida's Department of Labor and see if they can assist you, although in the absence of a specific State regulation, there may not be too much they can do. It's certainly worth a call to them however.

 

[tekkguru]

thanks Beth,
i did and the investigator said the same, not much to do.

what kind of %&*$*# state is this to allow folks to loose hard earned money they worked for.

do i need to contact a state representative or the governer ??

also a lawyer, said give em 1 month then he can see if we can take him to court.

there has to be someone to call or help.
thanks

 

[Beth3]

You can file a claim in small claims court. It would probably be worthwhile to write the employer and tell them you will be filing suit unless they release your last paycheck immediately.

 

[tekkguru]

I have sent a "demand letter" saturday, the day after
certified/return receipt
and email chat w/ a lawyer, stating to wait 30 days
then we can try and proceed.

I did get this info on a statue:

The Division of Statutory Revision's primary focus is production of the Florida Statutes. We are prohibited from providing legal advice. The Florida Statutes are available online in searchable form at www.leg.state.fl.us. There is not a lot of state labor law. Chapter 448 covers general labor regulations, and part I of that chapter covers terms and conditions of employment (although there is not a lot of detail in this area). There is one small chapter specifically dealing with devices issued in payment for labor (chapter 532). It is reproduced below for your convenience:

CHAPTER 532

DEVICES ISSUED IN PAYMENT FOR LABOR

532.01 Payment by check, draft, or other order for payment.

532.02 Payment by other device.

532.04 Payment by direct deposit of funds.

532.01 Payment by check, draft, or other order for payment.-Any order, check, draft, note, memorandum, or other acknowledgment of indebtedness issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument, and at the time of its issuance, and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer must have sufficient funds or credit, arrangement, or understanding with the drawee for its payment.

History.-s. 1, ch. 6914, 1915; RGS 2522; CGL 3944; s. 1, ch. 18004, 1937; s. 1, ch. 71-324.

532.02 Payment by other device.-Any person issuing coupons, punch-outs, tickets, tokens, or other device in lieu of cash as payment for labor, whether redeemable either wholly or partially in goods or merchandise, at the person's or any other place of business, shall, on demand of any legal holder thereof:

(1) Be liable for the full face value thereof in current money of the United States, on or after the 30th day succeeding the day of issuance.

(2) Be liable for payment in current money of the United States, notwithstanding any contrary stipulation or provision, which may be therein contained.

(3) Be subject to suit brought thereon in any court of competent jurisdiction, upon failure to comply with either subsection (1) or subsection (2), wherein any legal holder's recovery shall include the full face value of any such device, with legal interest from demand and, in the court's discretion, 10 percent of said amount as attorney's fees in the same suit.

History.-s. 2, ch. 6914, 1915; RGS 2523; CGL 3945; s. 1, ch. 71-324; s. 732, ch. 97-103.

532.04 Payment by direct deposit of funds.-

(1) None of the provisions of this chapter shall be deemed or construed to prohibit the payor of wages or salary from causing the amount of such wages or salary to be deposited directly to the account of the payee in a financial institution by electronic or other medium if such direct deposit has been authorized in writing by the payee and if the payee has designated in writing the financial institution of her or his choice in which such deposit is to be made. However, at the time the order for payment of such direct deposit is received by the drawee, the payor of such wages or salary must have sufficient funds or credit or an arrangement or understanding with the drawee for payment thereof.

(2) No employer or payor of wages or salary shall terminate the employment of any employee or payee solely for refusing to authorize such direct deposit of wages or salary.

(3) An employee or payee of wages or salary may bring a civil action against any person violating subsection (2). Upon rendition of a judgment or decree by any of the courts of this state against the person violating subsection (2) and in favor of the employee or payee of wages or salary, the trial court, or, in event of an appeal in which the employee or payee prevails, the appellate court, shall adjudge or decree against the person violating subsection (2) and in favor of the employee or payee a reasonable sum as fees for the employee's or payee's attorney prosecuting the suit in which the recovery is had. The court may, in its discretion, provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violation of subsection (2). If it appears to the court that the suit brought by the plaintiff was ill-founded or brought for purposes of harassment, the plaintiff shall be liable for reasonable attorney's fees incurred by the defendant. When so awarded, attorney's fees shall be included in the judgment or decree rendered in the case.

History.-s. 1, ch. 77-296; s. 733, ch. 97-103

 

[justvisiting]

QUESTION: Why don't you just go in and pick up your paycheck? So boos has some things to say to you. You don;t have to respond. In fact I would not say anything except "Thanks, goodbye" after I'm handed the check. They should have mailed it certified but they didn't. Are you that afraid to face them?

This is a lot of hassle to go thru - all this research, time, and possible fees - to collect a paycheck. I would think you time would be valueable...look at all the time you've spent already on this. They are winning! If you don't go in to get it, right at the 11th hr after you have exhausted yourself researching and filing complaints, etc. they will simply put it in the mail.

I think you should butch up and go get the check. Can't take more than a few minutes.

 

[tekkguru]

just visiting........i got it my way, in the mail w/ an apology letter.....

no need to listen to BS...

 

[justvisiting]

The important thing is you got your check. You have another, better job. Case closed! Glad it worked out.