What is the name of your state (only U.S. law)? Missouri
Until recently, I worked at a small business (50 employees) that utilized a third-party HR firm for all benefits, payroll, and EEO support. In fact, I was technically an employee of the third-party firm.
On Dec 10, 2008, I was pulled into a conference with the the small business' HR specialist where I was given a termination letter. The letter stated that my employment would end on Dec 24, 2008, that Dec 10 was my last day of work, and that I was being laid off due to "position restructuring." The letter added that I would receive a paycheck on the next pay date following termination (January 6 for a December 24 termination) for all remaining salary and unused vacation. Further, it stated that all my benefits would continue through Dec 24, as well.
On Dec 22, I received a paycheck for the work period from Dec 1 through Dec 15, and I was expecting one today for Dec 16 through my termination date, plus my unused vacation. However, none was received. I called the third-party HR firm and they said that all they received from the small business was that my last date for pay was Dec 10, and that were no inputs to pay me beyond that date nor to pay unused vacation. They told me to call their firm's local HR specialist for more information.
I called her and was told that they had no idea what the small business had told me as far as my severence period or pay. All they could do was respond to what was entered into the payroll system. Further, she stated that since I was no longer theri employee, they could not compell the small business to pay me. All they could do was urge them to comply with what was promised in the termination letter.
I have emailed and called the small business requesting information with no direct response. Finally, I emailed and left voice mail asking that, if they did not want to speak to me, to at least call the third-party firm and let them know what was going on. They did that and told them that they were "working to resolve the situation." I suspect that may be a delaying tactic.
If they persist in not paying me, what recourse do I have? The total gross amount owed is just over $10,500. Will I need to file a law suit and who do I sue?
Until recently, I worked at a small business (50 employees) that utilized a third-party HR firm for all benefits, payroll, and EEO support. In fact, I was technically an employee of the third-party firm.
On Dec 10, 2008, I was pulled into a conference with the the small business' HR specialist where I was given a termination letter. The letter stated that my employment would end on Dec 24, 2008, that Dec 10 was my last day of work, and that I was being laid off due to "position restructuring." The letter added that I would receive a paycheck on the next pay date following termination (January 6 for a December 24 termination) for all remaining salary and unused vacation. Further, it stated that all my benefits would continue through Dec 24, as well.
On Dec 22, I received a paycheck for the work period from Dec 1 through Dec 15, and I was expecting one today for Dec 16 through my termination date, plus my unused vacation. However, none was received. I called the third-party HR firm and they said that all they received from the small business was that my last date for pay was Dec 10, and that were no inputs to pay me beyond that date nor to pay unused vacation. They told me to call their firm's local HR specialist for more information.
I called her and was told that they had no idea what the small business had told me as far as my severence period or pay. All they could do was respond to what was entered into the payroll system. Further, she stated that since I was no longer theri employee, they could not compell the small business to pay me. All they could do was urge them to comply with what was promised in the termination letter.
I have emailed and called the small business requesting information with no direct response. Finally, I emailed and left voice mail asking that, if they did not want to speak to me, to at least call the third-party firm and let them know what was going on. They did that and told them that they were "working to resolve the situation." I suspect that may be a delaying tactic.
If they persist in not paying me, what recourse do I have? The total gross amount owed is just over $10,500. Will I need to file a law suit and who do I sue?
