Employer withholding final paycheck

[klucich]

Missouri.

I gave my two week notice and continued to work the final two weeks in good faith. My employer withheld the last week of pay. First he said it was an oversight, next he said he hadn't gotten to it and now he is not responding to my e-mails. This has been almost two weeks now. What options do I have now?

 

[Beth3]

Contact MO's Department of Labor and file a complaint. Missouri requires that the final paycheck be issued to the employee on his/her last day of work.

 

[commentator]

I hope the employer doesn't find out about it, but he could actually cut your salary to minimum wage for those two weeks. I saw an employer do this to an employee once,once that notice was given, the pay rate dropped from $14 per hr to $3.35. As long as he pays you at least minimum wage for the hours worked, it's federally legal. I hope the state of MO sticks him with a fine or penalty or something.

 

[Betty]

Filing a wage claim/complaint Mo.:

Missouri Labor | Owed Wages

 

[klucich]

Thanks. I'll try that one. I have sent a couple of e-mails out, but haven't received any response. I guess I'll keep trying until someone answers me.

 

[Mass_Shyster]

Thanks. I'll try that one. I have sent a couple of e-mails out, but haven't received any response. I guess I'll keep trying until someone answers me.

Email is easy to ignore. Certified US mail, return receipt requested is as easy to ignore.

 

[klucich]

Thanks. I did get a response from the MO Dept of Labor and they attached a form for fill out and they would look into it.

Payroll was turned in today so I'll know if he included me in that first thing in the morning with auto deposit, and if not, I'll move forward with my other choices.

I am an idiot, but am still providing tech support via e-mail after hours for the graphics department I left. Oh, he also said he would pay me for my consulting time, but I haven't charged for it, along with the many hours I donated to the company before hours and on weekends on my own time.

I feel for the people who need my help, but tomorrow will be the deciding day I have to look at the situation in a different perspective.

Apparently one doesn't get his attention or get paid until he is put on credit hold.

Thanks for the help. I'll try to post back results.

 

[commentator]

Why in the name of all that is holy would you be so stupid as to work for this person for free? Do you just enjoy being victimized?

The employer can say he did not assign you the overtime hours, did not tell you to put in all your personal time, that you and he had no agreement that you would do this work, therefore you cannot ask the DOL to get it paid back for you. SO DON'T DO IT! While working on a job do not ever ever do unassigned overtime, and do not donate your personal time to work you should be paid for, or work for any period of time without payment.

If you are not thinking about it correctly, or are too involved in your work, you may think it gives you a warm feeling, or a moral high ground or something, but it is dumb! The only person who is ultimately responsible for this work being done is your boss, and he needs to pay you for your time in helping him achieve this, because you are certainly not going to get any of the profits if his business earns one.

 

[klucich]

At the time it was a better option than being behind in a chaotic environment and stressed out. This employer has no idea what I do and would have eventually gotten disillusioned and disappointed in my performance. He is that way with everyone. I only did it long enough to get out of there. I could not afford to be unemployed and it made my day much less stressful.

On to the Dept of Labor. He did not pay me today.

 

[commentator]

Well, I hope the DOL works things out for you. In most cases, I have found my experiences with them to be positive.

But I still maintain there is NO reason a person should ever legitimately work upaid hours. If the work situation is so chaotic and stressful that the work cannot possibly be done in the amount of time or because of the circumstances, it is not the responsibility of any employee to spin straw into gold.

It is your responsibility only to do your best and to inform the employer of the situation. If they chose to fire you, then at least you have not been held in involuntary (and sometimes unpaid) servitude due to fear and your own lack of assertiveness. And they have lost a really good employee due to their own stupidity and incompetence. These are the types of employers who also prey on the illegal and the desperate and will go out of business as soon as there are other alternatives available. The sooner the better.

And the next time, quit and leave the job that day. Don't give a jerk like this notice.

 

[klucich]

I understand totally what you are saying. I had been with this wonderful company for 7 years, and it got bought out 2 years ago. The company has taken a complete turn 180 in all aspects.

In my line of work, I know of too many people who have been out of work for a couple of years now. I could not do that. It was part of an overall plan that took patience, perseverance and a little bit of a learning curve and it paid off very well. I know I made that decision. I ended up landing a job with a wonderful company that I am hoping to retire from.