Former Employer Won't Send My Final Paycheck

[AnonyMouse1975]

What is the name of your state?
West Virginia

I worked for this bookstore from December 2018 to May 2019. Honestly, it was always a pretty shady store (they pay students $7.25/hour, below federal minimum wage--don't know the legality of that, but it's separate from my issue). Anyway, they're shady, but I didn't really have any problems with them, until now. My last paycheck was supposed to arrive June 7. When it didn't I called in and it turned out they had sent it to the wrong address, even though I called them 2 weeks prior and told them what address to send it to. Since I had no way of getting to my check, they told me to wait 2 months for it to expire and call back in. I was annoyed, but figured it wasn't that big a deal since I had a new job anyway. Lo and behold it's been two months and I've been constantly calling them for almost two weeks now to try and get them to send me my check. They just keep asking for the address to send it to and saying they'll get back to me.

I was trying to give them the benefit of the doubt, but this is getting ridiculous. What options do I have to make them send me my paycheck?

 

[cbg]

Federal minimum wage IS $7.25.

Inform your employer that unless your check is received by Friday, you will be filing a claim of unpaid wages with the state wage and hour commission.

Then do it.

https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/§21-5 WAGE PAYMENT AND COLLECTION.pdf

 

[PayrollHRGuy]

The WV minimum wage is $8.75 though. If you were paid less than this I would add that to your wage claim.

 

[AnonyMouse1975]

Federal minimum wage IS $7.25.

Inform your employer that unless your check is received by Friday, you will be filing a claim of unpaid wages with the state wage and hour commission.

Then do it.

https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/§21-5 WAGE PAYMENT AND COLLECTION.pdf

You're right, I was thinking state minimum wage (though, again, still don't know how they get away with that, but I digress). Okay, sounds good, but what if it goes so far as a court? I can't afford a lawyer.

 

[AnonyMouse1975]

The WV minimum wage is $8.75 though. If you were paid less than this I would add that to your wage claim.

I was, but only for, like, a week, since I graduated soon after I started working there. Honestly it wouldn't really be worth it, I just want the wages I'm owed.

 

[LdiJ]

You're right, I was thinking state minimum wage (though, again, still don't know how they get away with that, but I digress). Okay, sounds good, but what if it goes so far as a court? I can't afford a lawyer.

If you have to make a wage claim with the DOL anyway, there is not reason why you shouldn't include everything. Make the claim and wait and see what the DOL says.

 

[cbg]

You're right, I was thinking state minimum wage (though, again, still don't know how they get away with that, but I digress). Okay, sounds good, but what if it goes so far as a court? I can't afford a lawyer.

A wage claim through the state doesn't go to court.

 

[AnonyMouse1975]

Thanks, all. I appreciate the advice. I'm definitely going to pursue this route now!

 

[PayrollHRGuy]

I was, but only for, like, a week, since I graduated soon after I started working there. Honestly it wouldn't really be worth it, I just want the wages I'm owed.

Just so you know there is a sub-minimum training wage but it is only for those under 20 years old and only for the first 90 days of employment.