What do I have to do to get my last paycheck incorporating 70 hours of unpaid work?

[inHindsight]

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

I gave one week notice August 18, and did not go August 21st. That day, I got a text message at 11am from a co worker saying not to come in, that I quit, and they didn't need me giving 1 week notice and only showing up for 3 days.

The following week, on August 27, I emailed my supervisor asking if I could pick up the check that Friday. I was told to contact the owner regarding any employment queries. I emailed the owner asking how to proceed with my final pay, and he started to complain that I left early when they were short etc., to not come by the office, and that they would mail the check to me "when they get it."

I emailed the owner asking for an update 6 days ago, received no response, and emailed him again with the same question yesterday, and have not received a response.

With regards to pay periods, the week I gave notice, of August 18th, was the last week of that pay period. Employees at that company get paid every two weeks on Friday. So that Friday was the pay day of that period. Two weeks later, was last Friday, which was another pay period.

At what point (day) this week has the previous employer broken rules allowing me to take action? thanks. I really need the funds soon as I've been borrowing from my family and friends just to get by it's really terrible.

 

[cbg]

What was the last day you actually worked? Not the day you gave notice, not the day your notice was effective, but the last day you actually performed any work for the employer?

 

[inHindsight]

August 20th.

 

[cbg]

Then August 20th is the last day for which your employer owes you any pay.

 

[inHindsight]

Thanks for helping me out. Forgive my confusion, I'm new to all this, got out of college 2 years ago. So by saying August 20th was the last day, the rules have been broken for several weeks? What should I do now to get the money?

I never broke anything or stole anything, I worked there for a year and couldn't stand it anymore so I found another job.

 

[Zigner]

I don't think the OP is asking to be paid for anything past the 20th.

 

[inHindsight]

​

I worked a full week the first week of that pay period, and three days during the second week of that pay period. I am only concerned with those 8 days, in addition to the "week behind" gained when I first started. Even if for some reason that "week behind" is omitted, I at least want what I worked for those 8 days.

 

[cbg]

No, I am saying that under the law, you are not entitled to be paid for any time beyond August 20. You are not owed pay for August 21 forward.

I don't recall off the top of my head what NY's laws are for when final pay is released, but I think it is safe to say that the deadline has been reached. There is one state that gives the employer almost a month after the last day worked, but that state is not NY. Most states allow for the next regular pay period.

So if there is time for which you worked, but have not been paid, you can file a claim with the NY state department of labor for unpaid wages.

 

[inHindsight]

I'm probably not going to bother to be honest. What can I really do? File a claim? That won't do anything or bring the money I worked for to me. I can't think of a reason why they'd do this to me aside from not being able to work there another 2 days. What really erks me is that people can just hold money others labored for and not pay it out. Pretty sickening actually. Three and a half weeks it has been and the guy won't even respond with a simple " Yes it's been mailed" or "No it hasn't." The last thing I got was "we will send it when we get it." This is very depressing actually, I hate my life.

But yeah, thanks again for the info. Hopefully this never happens to me again.

 

[cbg]

Why do you think that filing a claim with the state will do nothing? The state has the power to order your employer to pay you and fine them for the violation.

It's up to you, but I think you're lying down before you're hit.

 

[Just Blue]

Why do you think that filing a claim with the state will do nothing? The state has the power to order your employer to pay you and fine them for the violation.

It's up to you, but I think you're lying down before you're hit.

A lot of people would love to be in a "place" to give up 8 days pay do to apathy.

 

[inHindsight]

Mmmm. It's not apathy, I just feel like I did something wrong for them to take this long. Still no check by the way. This Friday will mark 4 weeks exactly, and I've emailed the owner twice with a week long gap with no response.

Cbg, from what you've described, it is worth filing a claim. If I don't get it in the mail on Friday, I'll file the claim.

Thanks again for your help/support people.

Not sure if I mentioned this but I've only been working for 2 years out of 25 years of life, so I'm new to these layers. I just feel like I must have done something to the company for them to take this kind of risk, but I can't think of what it is. I worked there for a year, but hated it just a few months in. I knew I had to stick around for a year at least though so as to not taint my record in anyway. I just feel like future employers are going to hate me because of this pointless debacle. But then again, I did find a new, better job, before quitting the old one, so maybe there is hope for me after all...in terms of like, future and life and such.

Gotta work for the man....

 

[Zigner]

Mmmm. It's not apathy, I just feel like I did something wrong for them to take this long. Still no check by the way. This Friday will mark 4 weeks exactly, and I've emailed the owner twice with a week long gap with no response.

Cbg, from what you've described, it is worth filing a claim. If I don't get it in the mail on Friday, I'll file the claim.

Thanks again for your help/support people.

Not sure if I mentioned this but I've only been working for 2 years out of 25 years of life, so I'm new to these layers. I just feel like I must have done something to the company for them to take this kind of risk, but I can't think of what it is. I worked there for a year, but hated it just a few months in. I knew I had to stick around for a year at least though so as to not taint my record in anyway. I just feel like future employers are going to hate me because of this pointless debacle. But then again, I did find a new, better job, before quitting the old one, so maybe there is hope for me after all...in terms of like, future and life and such.

May I suggest one more step prior to filing a claim? Mail a good old-fashioned letter. Make it certified, return receipt requested. US Mail with a return receipt is still much harder to ignore than emails.

 

[inHindsight]

Will do, thanks again.

 

[commentator]

Young person, I would just like to point out something to you that you need to absorb and understand early here in your work career. The man don't care. You are working for the Man, as in "an employer." This entity is in the business to make money for HIMSELF and/or stockholders, co-owners, family members, etc. You are a means to that end. Other than that, you do not exist for the man. Your performance, your feelings about the job, your efforts to please or not to please, they are not noticed, not appreciated, and no one really give a hoot unless you really screw up in some massive way that hits the employer in that tenderest area, the pocketbook.

No one decided to withhold your last paycheck because you are such a poor employee, or because they are punishing you for resigning. You just don't matter to them enough for them to check on this issue. Now you've given notice, are out, they don't care, and barely remember who you were. "....future empoyers are going to hate me because of this pointless debacle???" Nonsense. Unless you continue to discuss it, no one will never know about it.

In a couple of years you will barely remember you worked there, and they may not either. You've just had your first small encounter with a job situation that was not good. Hopefully, it won't ever happen again. But remember, no one is likely to pass their whole life without having this experience.

Wage and hour laws are federal. in your state, there is a state entity which is easily found by looking at the Department of Labor websites. If an employer actually violates federal wage and hour law by failing to pay you for hours you have actually worked, at least minimum wage, then you call in and discuss this with the wage and hour people. They will contact the employer, and eventually, you'll be paid for these hours. Most employers already know there is no getting around this law, and that if they were to attempt to undercut or punish someone by failing to pay them according to the federal wage laws, they'd eventually be forced to do so. Therefore it's not likely they're doing this for spite. They've failed to pay you, but you can solve this, just change your attitude and your expectation that everything was supposed to work out perfectly for you, and this can be fixed.