Still have not recieved my last paycheck

[Syntax620]

What is the name of your state? Texas


I quit my job (of course I gave a 2 weeks notice) and gave in writing my forwarding address and that I wanted my paycheck mailed to me... They stated they mailed it off on Friday 3/14 which was the actually pay day.. I still have not recieved it.. Werent they supposed to mail it before so I actually recieved it on the pay day?

Isnt the employer supposed to mail the check Certified mail? Also, how long until they can cut me a new check? The pay day was on 3/14 and still have not received it and it is 3/27. Is this legal?

 

[cbg]

No, they were not required to mail it so that you received it on or before payday; nor does the law require that they send it certified.

How long before they can/will cut a new check is determined by their policy and/or that of their bank.

 

[TOKIO893]

butt in

I have a question to add on to this conversation. What if the post office post mark was stamped after the 72 hours by law?

 

[Syntax620]

No, they were not required to mail it so that you received it on or before payday; nor does the law require that they send it certified.

How long before they can/will cut a new check is determined by their policy and/or that of their bank.

Are you sure? Cause I actually called the Dept of Labor today, and they said since I requested it to be mailed that they had to mail it certified. And she also said that I had to recieve it on the actual pay date and if I didnt the very next day I could have put in a claim for unclaimed wages.... So?

 

[ecmst12]

Well if they did NOT send it certified, then they can't prove to the DOL it was sent.

 

[cbg]

I'd be very interested in seeing a statute that makes it mandatory for checks to be mailed certified.

 

[Syntax620]

I'd be very interested in seeing a statute that makes it mandatory for checks to be mailed certified.

Im not trying to argue but that is what the Department of Labor told me... And I think they know what they are talking about....

 

[cbg]

I'm not trying to argue either but it wouldn't be the first time the DOL has given incorrect information over the phone. I've had them tell me things that not only did I know were wrong, I was able to prove BY STATUTE that they were wrong.

 

[Syntax620]

I'm not trying to argue either but it wouldn't be the first time the DOL has given incorrect information over the phone. I've had them tell me things that not only did I know were wrong, I was able to prove BY STATUTE that they were wrong.

This is posted on the Texas DOL http://www.twc.state.tx.us/ui/lablaw/lablaw.html

"Wages must be delivered to the employee at her/his regular place of work during working hours, mailed by registered mail to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the employee."

Im just going to fill a claim for unpaid wages... and see what happens....

 

[cbg]

I stand corrected.