What is correct ?

[Pearl72]

What is the name of your state? Colorado

I was laid off from my job last friday, and have yet to receive my last paycheck from the company i worked for. Although I worked in colorado, the company is in Georgia, and they are saying that they don't have to pay the final paycheck after laying us off (there were 20 of us) until the next payday, which will be the 14th of this month. I thought the law was that they had to give you your final check the last day that you were there, and that you were entitiled to it immediately?

 

[Sockeye]

That's the law in California, in Alaska they have 3 days to get you the final check. Most states it's the next scheduled pay date.

 

[pattytx]

Since you worked in Colorado law, that is the law that applies. According to my documentation, your final paycheck is due immediately upon an involuntary termination (fired or laid-off) or within 6 hours of the payroll dept. becoming operational or the next day if the payroll department is off-site, as in your situation. The check can be mailed within this time frame upon your request.

You can file a claim for unpaid wages with the Colorado Dept. of Labor if you wish. However, you will probably get the check before the DOL has a chance to investigate. Unless there are penalties for late payment, either payable to you or to the state (the state DOL website is down at the moment, so I can't check), it may not be worth filing at this time.