Get paid after being fired.

What is the name of your state (only U.S. law)? OK

I took a pre employment drug test, after the test I went to the companies HR department and filled out paper work. I told them at that point that the DRS office had sent the urine to a lab should know in 24-48 hours. They still hired me my effective hire date was 06/28/2010. I worked for 2 days (6/30/2010 and 7/1/2010) in my office. I received word that my results were positive at that point I was fired.
1.)My question is do they have to pay me for the 2 days I worked? They hired me even with the drug test pending. They had me to to work on the 30th knowing the test was pending.
2.)They were also going to pay for the mileage that I drove from my home town to the companies headquarters. I could have taken the drug test in my town but they made me drive down for the test and safety training. Which I could have taken after the test was complete. Could I get them to pay mileage as well?

1. Yes. When were you scheduled to receive your first paycheck?

2. Oklahoma is not one of the two states in which reimbursement for business expenses, including mileage, is required.

You do, however, need to also be paid for your time in the training session.

Their payday was Friday the 16th.

When did the pay period end? And what did they say when you called to ask? If they mailed a check to your home then it might just be the mail.

Their payroll week ended on July 11th. I also checked the mail for the check not in the mail. I'm beginning to think that they are not going to pay me.

I have the called the Payroll HR person. I left a voice mail, "asking when I was going to receive my check." I have not received a call back.

Also, they have Direct Deposit I signed it up for it, however on July 16th no amount was deposited. The checks come from a little town in Oklahoma. People who said they did not have direct deposit checks came on Saturday.

I called back and they informed me I was terminated without pay. can they do that?

You must be paid for all time worked. File a wage claim with the state Dept. of Labor.
http://www.ok.gov/odol/documents/WHWageClaimForm.pdf

Before you actually file a complaint I would get a hold of somebody with some authority to make decisions (just just a payroll or HR clerk), remind them that you must legally be paid for all time work, and threaten to file a wage claim if you do not receive your pay by the end of week.

After I was told that I was not getting paid I threatened a lawyer, they said hold off until I talk to someone else tomorrow before I go that route. I will inform them of the Department of Labor wage claim option.

Can they not pay me because I was terminated without pay? Or do they still have to. I just want to know what I'm talking ab out.

"Terminated without pay" is a meaningless term. You MUST be paid for all the time you actually worked - no ifs, and's or buts. They do not need to pay you for any time not worked (the time you were in training counts as work time) and in your state they are not required to pay you for mileage. But there are no circumstances whatsoever under which you can be required to work for free.

Apparently I caused a stir yesterday. The company is in a board meeting discussing what I called and told them yesterday. I think that is a good thing, but not totally for sure. Does that sound promising to you guys?

justaquestion10 said:

Apparently I caused a stir yesterday. The company is in a board meeting discussing what I called and told them yesterday. I think that is a good thing, but not totally for sure. Does that sound promising to you guys?

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Promising how? Are they discussing whether or not to pay you? There's nothing to discuss. They have to pay you for the time you worked. Period. It's not up to them. It's the law. If they decide in this meeting to pay you, that's good. If they decide in this meeting not to pay you, they still have to pay you.

Hopefully somebody is getting reamed in that meeting for either deciding they didn't have to pay you or telling you that you wouldn't be paid.

They are mailing me a check today. Thanks for all the help