Termination vs. Resignation

[Catal]

Hello~

I posted a question on Friday and I received a reply. Thank you lawrat for your help.

I have two more questions.

1. If my employer terminates me, would he be required by law to pay me my back wages and expenses in one lump sum at the time of my termination?

2. If I resign rather than get terminated does it legally give him more leeway and time to pay me what he owes me?

Thank you for any help you can provide me!

Catal

 

[loku]

The rules for payment of your wages after termination of employment depend on the state you are in. Please let us know.

 

[Catal]

Thank you loku for helping me! I live and work in the state of Washington (and travel to client sites in other states), my employer is in Texas.

I appreciate any help you can give me!

Catal

 

[loku]

If you live and work in Washington, then Washington law applies and whatever the reason for termination, the employer must pay your wages to you at the end of the established pay period (RCW 49.48.010). Not paying you the wage on time is a misdemeanor (RCW 49.48.020)

If you do not get your pay on time, file a complaint with the Department Of Labor And Industries, which enforces the rules.

 

[Catal]

Thank you loku for your latest post. This information helps me so much. I appreciate the time you took to answer my question!

Your post brought up two more questions:

1.) I have filed a complaint with the Washington Department of Labor and Industries. Would it be better to wait for the DOL to help me, or should I get an attorney?

2.) If you recommend I get an attorney - should I get a WA attorney (from my state) or a TX attorney (from my employer's state)?

Thanks again for any advice you can provide me!

Catal

 

[loku]

I have no experience with the Washington Department of Labor and Industries so I could not give an opinion as to how long they take in these matters, or how effective they are at getting you your wages. Perhaps you can discuss those issues with someone in the Department.

If you do decide to hire a lawyer, since the company employed you in Washington, I assume they have enough presence in Washington to give the Washington courts jurisdiction over them. If that is the case, probably a Washington attorney would be the best choice. Otherwise, if it came to litigation, you would have to sue them in Texas, so in that case, a Texas attorney would make sense.

 

[Catal]

loku~

This makes sense. Thank you for responding so quickly. This helps me a lot!

Catal