Last Paycheck

[dalasdon2000]

What is the name of your state? NC

I worked for a company and was recently fired, "didn't mesh well with the group," being the reason behind the firing. My first question comes in the fact that I was told when I was fired that my last paycheck would be give when I turned in all my things belonging to the comany, standard protocol, but also that my expense check and last paycheck would be given when I had signed the basic servence package agreement basically stating that I would not try to sue them for anything. Are they allowed to withhold my paycheck and expense check? Also is there any type of ground for suit regarding wrongful termination? And lastly how does unemployment work?

 

[mlane58]

The employer isn't allowed to withhold your paycheck, but your employer has to pay you on or before the next regular payday for the pay period in which you worked when your separation takes place. If the next regularly scheduled payday has come and gone, file a claim with your state dol.

 

[JETX]

My first question comes in the fact that I was told when I was fired that my last paycheck would be give when I turned in all my things belonging to the comany, standard protocol, but also that my expense check and last paycheck would be given when I had signed the basic servence package agreement basically stating that I would not try to sue them for anything. Are they allowed to withhold my paycheck and expense check?

North Carolina General Statute:
§ 95‑25.7. Payment to separated employees.
Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by the employee. Wages based on bonuses, commissions or other forms of calculation shall be paid on the first regular payday after the amount becomes calculable when a separation occurs. Such wages may not be forfeited unless the employee has been notified in accordance with G.S. 95‑25.13 of the employer's policy or practice which results in forfeiture. Employees not so notified are not subject to such loss or forfeiture.

Based on the above, unless you gave them written permission to forfeit, they have to give your earned pay. However, this does not apply to compensation for expenses which would fall under normal 'contract law'.

Call them and ask for your pay, be professional and courteous. Give them the cite to the above statute. If they still don't pay, contact your state DOL.

Also is there any type of ground for suit regarding wrongful termination?

Based on your post, no.

And lastly how does unemployment work?

File for unemployment. Agency will determine if you qualify or not.