If you haven’t received a paycheck when you expected it after being fired from your job, you may have the right to take legal action against your employer for failing to make a final payment on time. Generally, state laws on final paychecks take precedence over federal laws.
Each state has a different law that employers must follow, but all employers must pay for any work you have done for them and must pay at least the minimum wage for the work done. Employers who do not pay employees what they are owed, regardless of whether they have been fired, will be in violation of state and federal labor laws and can be sued.
I Got Fired and Didn’t Get Paid – What Should I Do?
Every employer in every state is required to pay for any work completed by employees and they must pay the minimum wage for this work. Any employer who fails to pay an employee what they are owed, regardless of whether they have been fired, will be violating state and federal labor laws and you can sue.
If you didn’t get your last paycheck when expected you should contact your employer immediately just in case a mistake has been made. If there is no response you should contact your nearest Department of Labor’s Wage and Hour Division office with the evidence to prove you have not been paid.
You will need to provide the following information:
- your name;
- your address and phone number;
- your employer’s name;
- your employer’s address;
- the names of the managers or owners;
- the type of work you were employed to do;
- how and when you were paid.
The evidence you should include to support your complaint are copies of pay stubs and personal records you have kept of hours worked. You may also provide a copy of your last timesheets showing hours worked.
If you provide enough evidence showing your employer has violated a state paycheck law you will be given the right to take legal action against them to recover your lost wages. If your claim is successful, you should get paid your unpaid paychecks plus any other costs incurred such as legal fees.
When Should I Receive My Last Paycheck?
Each state sets the rules on when final pay checks should be paid that employers must follow. Employers cannot just refuse to pay an employee if the employee has been fired.
There are a few states, like Alabama and Florida, that don’t have any specific rule about when the paychecks should be paid. This doesn’t mean that an employer can avoid payment; it’s just that there is no fixed date.
Some states like California, Nevada and Missouri have strict rules that make employers pay out the final paycheck on the day of dismissal or the last day at work.
There are many states that require employers to make the final payment on the next normal pay date. New Jersey, New York, Oklahoma and Pennsylvania all have this rule. Other states may have a combination of rules, e.g. in North Dakota, the employer must make payment by the next payday or within 15 days, whichever comes soonest.
Why Didn’t I Get My Last Paycheck?
If you were fired or you quit, your employer may pay you on the next pay day. If you haven’t received pay after the next scheduled pay day or within your state’s requirements, it may be an accident at your employer’s end. The first thing you should do is ask your employer for your pay. If you still don’t get it, you can file a claim with your closest Department of Labor’s Wage and Hour Division office.
You must provide evidence that proves you have not been paid. The evidence you are required to include to support your non-payment is copies of your pay stubs and any personal records you have kept of the hours you have worked. If possible you should include a copy of your last timesheets which show the hours worked. The Department of Labor’s Wage and Hour Division will also ask you for the following information:
- your name;
- your address and phone number;
- the name of your employer;
- your employer’s address;
- the managers or owners names;
- how you were paid;
- when you were paid;
- the type of work you were paid to do.
If you provide sufficient evidence that shows your employer has breached your state’s paycheck law you will be offered the opportunity to take legal action against your ex employer so that you can recover any lost wages. If once you have lodged your claim it is successful, you should expect to get paid any unpaid paychecks as well as any other
How Can I Get My Last Paycheck?
If you didn’t receive your paycheck when expected, the first step would be to contact your employer to see whether they made a mistake. This may be difficult if you have just been fired, but often there is a genuine administrative error that could have been responsible and could quickly be fixed.
You can also take the lack of payment to your nearest state labor department office with evidence of non-payment. If you don’t get a quick response from them, you should contact an employment law attorney about taking legal action.
If your employer has violated a state paycheck law, then you have the right to take legal action against them to recover the lost wages. If successful, your unpaid paycheck plus costs should be paid. In some states, you may be able to sue for further damages.
An Attorney May Help You Get Your Paycheck
When you contact an employment law attorney, you will have a chance to go over your situation. The attorney will know how both state and federal laws apply to paying a final paycheck after being fired from a job.
They will likely be able to advise you whether you have grounds for making a claim against your employer and will help with obtaining evidence that can support your case in court. Complete the Free Case Evaluation on this page to get connected with a lawyer today!
