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Pay check being held by employer

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D

DLR10

Guest
What is the name of your state? AL

My Pay check is being held by my current employer. No explanation was given to me. I am due my pay check this week and have not received it.I am out of work for this week do to a personal injury in which the doctor has given me restrictions that will not allow me to do my job. Is there any thing I can do to get my pay check due me?
 


JETX

Senior Member
DLR10 said:
Is there any thing I can do to get my pay check due me?
Bad news.... your state is one of the FIVE states that does NOT have a paycheck protection law on the books. Your only recourse is to file a lawsuit against him.

And though the following is 'geared' towards a final paycheck, the laws and process is the same for a 'currently employed' paycheck.

From your state Dept. of Labor:
"The Alabama Department of Labor is responsible for attempting to “equitably adjust controversies in respect to wage claims” (25-3-4) Code of Alabama. This process begins by an employee obtaining a wage claim form from the DOL office or via the internet. The employee is responsible for accurately completing the form and having their signature notarized by a notary public.

The Department upon receipt of a completed form writes a letter to the employer stating the amount of unpaid wages and quoting the law. The employer is allowed 10 working days to respond before a second notice is sent. If no response is received after the second letter, the employee is notified of additional options which include their contacting the U.S. Dept. of Labor Wage and Hour office and/or the Small Claims Court of the their respective County District Court. Filing fees in small claims court is $37.00 for a claim up to $1500.00 and $113.00 for a claim of $1500.00 to $3,000.00. In addition to these options, an employee may also seek the assistance of an attorney."
Source: http://www.alalabor.state.al.us/wage_procedures__the_dept.htm
 

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